State v. Winchell

AMDAHL, Chief Justice.

This is an appeal by the state from a decision of the Court of Appeals, State v. Winchell, 352 N.W.2d 447 (Minn.App.1984), reversing an upward durational sentencing departure in an aggravated robbery case. We reverse the Court of Appeals and reinstate the sentence that the trial court originally imposed.

On October 3, 1980, defendant obtained permission from Susan Olson, a woman with whom he had lived in Lakeland, which is in St. Louis County, to use her automobile to run a brief errand. Then, without further permission, defendant drove the vehicle to Minneapolis. Olson…