State v. Ogris

OPINION

LESLIE, Judge.

Appellant James Ogris pleaded guilty to theft, Minn.Stat. § 609.52, subd. 2(1); subd. 3(1) (1984) and the trial court imposed a 50 percent upward departure in sentencing ap*18pellant to 39 months imprisonment. We reduce the sentence to 26 months.

FACTS

On April 10, 1986 appellant broke into a car parked at a ramp in downtown St. Paul and removed jewelry, camera equipment and a fuzz buster. As he was about to leave the owner of the car confronted appellant. Appellant ran off with the jewelry and sold the items, valued over $2,500 for $125.

Following appellant’s guilty plea, the…