Legal Opinion

State v. Montjoy

Court of Appeals of Minnesota

Decided September 11, 1984No. C8-84-661PublishedCited by 10 opinions

1Opinion of the Court

OPINION

CRIPPEN, Judge.

Ten months after sentencing, the term of defendant’s executed sentence was increased, and he appeals. We reverse.

FACTS

In 1982, appellant was charged by complaint with aggravated robbery and kidnapping in connection with the robbery of a St. Paul jewelry store. The complaint reflected that the mandatory minimum sentence of five years imprisonment could be imposed because appellant had a prior conviction involving a firearm.

Appellant was convicted. The sentencing guidelines worksheet erroneously showed the presumptive sentence on each count was 54 months. Section II.E,…

2Cases cited5 opinions

  1. Bozza v. United StatesSupreme Court of the United States · 1947
  2. State v. OlsonSupreme Court of Minnesota · 1982
  3. Robert Eugene Kennedy v. United StatesCourt of Appeals for the Ninth Circuit · 1964
  4. Donald Robert Mathes v. United StatesCourt of Appeals for the Ninth Circuit · 1958
  5. State v. WallaceSupreme Court of Minnesota · 1982

3Cited by10 opinions

  1. State v. MontjoySupreme Court of Minnesota · 1985
  2. State v. PieriCourt of Appeals of Minnesota · 1990
  3. State v. RockCourt of Appeals of Minnesota · 1986
  4. In Re the Welfare of M.A.C.Court of Appeals of Minnesota · 1990
  5. State v. FieldsCourt of Appeals of Minnesota · 1987

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