State v. Moe

OPINION

DANIEL F. FOLEY, Judge * .

Appellant State of Minnesota challenges the trial court’s downward durational departure in sentencing where at the plea hearing the trial court indicated its intention to depart if respondent Michael J. Moe cooperated in providing information to police on an unrelated criminal matter. We reverse and remand.

FACTS

Moe was arrested and charged with theft, possession of stolen property, possession of burglary tools, and resisting arrest. On June 26, 1991, Moe appeared in court to plead guilty to an amended charge of temporary theft or control of a car. Given Moe’s…