State v. Mallory

AMDAHL, Chief Justice.

This is an appeal from judgment of conviction which raises only a sentencing issue. We affirm.

Defendant was convicted of aggravated robbery and was sentenced by the trial court to a Guidelines sentence of 90 months. This sentence was imposed pursuant to Minn.Stat. § 609.11, subd. 5 (1982), which provides that “Any defendant convicted of a second or subsequent offense in which the defendant or an accomplice, at the time of the offense, used a firearm shall be committed to the commissioner of corrections for a mandatory minimum term of imprisonment of not less than 5 years…