State v. Rott

AMDAHL, Justice.

This is an appeal by a criminal defendant from concurrent 3-year prison terms imposed by the district court and executed for five convictions for theft by check of over $150 based on guilty pleas. Theft by check of over $150 is a severity level II offense. Although defendant had three 1978 misdemeanor convictions for check offenses, she had a criminal history score of zero. The presumptive sentence for one with such a score who commits such an offense is 1 year and 1 day stayed. The issue on appeal is whether the trial court’s double departure — increasing sentence length and…