State v. Cizl

SHERAN, Chief Justice.

This appeal by the state, 1 pursuant to Minn.Stat. § 244.11 (1980) permitting appellate review by either the state or the defendant of a sentence in a criminal case, is from defendant’s sentence to a stayed gross misdemeanor term of 12 months in the workhouse for the felony offense of burglary, Minn.Stat. § 609.58, subd. 2(3) (1980). We vacate the sentence and remand for resentencing.

Defendant was caught in the act of burglarizing a business. He was intoxicated at the time. He claimed that he had no intent to commit any crime inside the building but a district court jury…