State v. Childers

SHERAN, Chief Justice.

This is a sentencing appeal.

The offense of which defendant was convicted — possession of hashish with intent to sell — is a severity level II offense and defendant has a criminal history score of two, based on two drug convictions occurring in 1975. The presumptive sentence on the grid for one who commits a severity level II offense and has a criminal history score of two is 14 months stayed.

At the sentencing hearing the issue was whether a prison term was mandated by Minn.Stat. § 152.15, subd. 1(2) (1980), which states that a second offender such as defendant “shall be…