GAULKE v. STATE

No. 43681.

206 N.W.2d 652 (1973)

Leonard GAULKE, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 13, 1973.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Julius E. Gernes, County Atty., Winona, for respondent.

Considered en banc without oral argument.


PER CURIAM.

Petitioner, a prisoner at the state prison, appeals from the district court's order denying his petition for postconviction relief. We affirm.

In 1946 petitioner was convicted of second-degree robbery. Minn.St.1945, § 619.43. Had it not been for this conviction, petitioner, when convicted in 1953 of rape, Minn.St.1953, § 617.01, would have received a sentence of 7 to 30 years rather than 14 to 60 years because the second-offender statute...

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