State v. King

AMDAHL, Chief Justice.

This is an appeal by the state from a dispositional sentencing departure in the form of a stay of execution of a presumptively executed prison term of 1 year and 1 day for the offense of attempted aggravated robbery. The offense is a severity level VII offense to which defendant, who has a criminal history score of zero, pleaded guilty. The sole issue is whether there was a valid basis for the departure. We hold that there was.

In State v. McClay, 310 N.W.2d 683 (Minn.1981), we upheld a durational departure in an aggravated robbery case because the robbery in question was…