[DOWNLOAD] "State v. Hoelzel" by Minnesota Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Hoelzel
• Author : Minnesota Supreme Court
• Release Date : January 14, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

OPINION After a bench trial in Hennepin Count District Court, appellant Richard Alan Hoelzel was found guilty of a felony for burglary in the first degree and a gross misdemeanor for interference with an emergency call. The court stayed imposition of sentence on the gross misdemeanor, but refused to take further action on the felony. The state appealed and the Minnesota Court of Appeals held that the district court's action was the functional equivalent of a stay of adjudication, and as such was improper under the circumstances. The court of appeals reversed and remanded for sentencing on the felony burglary. We reject the court of appeals' characterization of the district court's action as a stay of adjudication, construe the state's appeal to be a petition for a writ of mandamus, and conclude that the state is entitled to a writ compelling the district court to act. We affirm in part, reverse in part, and remand.

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