State v. Coe

AMDAHL, Chief Justice.

We granted the petition of the state for review of the decision of the court of appeals in this sentencing appeal brought by defendant Ronald T. Coe. The issue is whether the court of appeals, having reduced a 90-month term to 60 months, should have remanded in order to give the trial court a chance to depart appropriately from the presumptive sentence for one of the other offenses of conviction.

Defendant was found guilty of two counts of burglary in the first degree (burglary of an occupied dwelling and burglary with assault), Minn.Stat. § 609.582, subd. 1 (1986), and…