State v. Hennessy

AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1980), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a case in which the Sentencing Guidelines recommend execution of sentence. We affirm.

Defendant is a 24-year-old man with a substantial record of nonviolent, nonaggres-sive criminal conduct. In December of 1981, while on parole, defendant was caught by police outside a school building that defendant and an accomplice had just burglarized. Defendant subsequently pleaded guilty to burglary, Minn.Stat. §…