State v. Curtiss

OPINION

CRIPPEN, Judge.

Appellant Christopher Paul Curtiss was sentenced to 33 months in prison after pleading guilty to burglary. This sentence was at the lower end of the presumptive sentence under the Minnesota Sentencing Guidelines. On appeal he claims the trial court erred in not departing downward du-rationally. We remand.

FACTS

While on probation, appellant entered a breezeway attached to a house and removed a case of beer. He was arrested shortly thereafter. Appellant pleaded guilty to burglary, in violation of Minn. Stat. § 609.582(l)(a) (Supp.1983).

At sentencing, the trial court denied…