Bolstad v. State

OPINION

KALITOWSKI, Judge.

The State of Minnesota appeals from a sentence imposed on respondent that excluded an uncounseled felony conviction from the sentencing guideline calculations. Respondent, on cross appeal, seeks removal of a custody status point and establishment of a lower sentence. We affirm.

FACTS

Respondent appeared in court, on a complaint charging him with two counts of welfare fraud, on August 23, 1985. At that time, the trial court advised him of his right to counsel. While respondent never waived his right to counsel, he also did not request counsel to be appointed. Because…