C1-84-582 Precedential Denied Processed

State v. Wesenberg

Minnesota Court of Appeals · Filed May 22, 1984 · 348 N.W.2d 117

Cited by

State v. Jennings 448 N.W.2d 374 Minn. Ct. App. 1989
State v. Carver 390 N.W.2d 431 Minn. Ct. App. 1986
Bail v. State 391 N.W.2d 8 Minn. Ct. App. 1986
State v. Martin 387 N.W.2d 476 Minn. Ct. App. 1986
State v. Anderson 378 N.W.2d 632 Minn. Ct. App. 1985
Raddatz v. State 355 N.W.2d 771 Minn. Ct. App. 1984
State v. Sargent 355 N.W.2d 179 Minn. Ct. App. 1984
State v. Horner 352 N.W.2d 789 Minn. Ct. App. 1984
State v. Roesch 349 N.W.2d 348 Minn. Ct. App. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Randolph 316 N.W.2d 508
State v. Smith 316 N.W.2d 562
State v. Murto 316 N.W.2d 739
State v. Sutherlin 341 N.W.2d 303

Opinion text

OPINION SEDGWICK, Judge. This is a sentencing appeal. Defendant was placed on probation for unauthorized use of a motor vehicle. He subsequently committed a burglary and was sentenced to prison. The trial judge denied defendant’s timely request to have his probationary sentence executed concurrent with the prison term for burglary. We reverse. FACTS On April 11, 1983, appellant pled guilty in Benton County to unauthorized use of a motor vehicle. Imposition of sentence was stayed for three years, defendant was placed on probation for three years, in keeping with the sentencing guidelines. Conditions of probation included two days in jail, reimbursement of $150.00 court costs and a $40.00 assessment. On December 9, 1983, appellant was sentenced to prison for 13 months for burglary in McLeod County. On January 23, 1984, appellant appeared before the trial court in Benton County on an arrest and detention order because of the new felony. He requested that his probation be revoked, and because he already was in prison, that the presumptive sentence of one year and one day be imposed and executed. This request was denied. ISSUE Is defendant entitled to have a probationary sentence on an earlier felony executed and served concurrent with the prison sentence on a later felony? DECISION A defendant serving a prison sentence on one felony has the right to demand execution of a prior probationary sentence to comply with Minnesota Sentencing Guidelines presumption of concurrency in sentences. Minn. Sentencing Guidelines II F; State v. Randolph, 316 N.W.2d 508 (Minn.1982); State v. Smith, 316 N.W.2d 562 (Minn.1982); State v. Murto, 316 N.W.2d 739 (Minn.1982); and State v. Sutherlin, 341 N.W.2d 303 (Minn.App.1983). Reversed.