State v. Milbrad

AMDAHL, Chief Justice.

This appeal is from an order of the district court refusing to allow a criminal defendant to refuse probation and insist on execution of a stayed 18-month prison term. We reverse and remand.

On July 28, 1982, defendant pleaded guilty to one count of a two-count complaint charging him with the burglaries of two different rooms in a St. Paul hotel. The presumptive sentence for the offense in question (a severity level IV offense) by a person with defendant’s criminal history score (two) is 18 months stayed. The trial court sentenced defendant to 18 months, stayed execution…