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STATE v. PROPOTNIK

No. 43825.

216 N.W.2d 637 (1974)

STATE of Minnesota, Respondent, v. Larry Russell PROPOTNIK, Appellant.

Supreme Court of Minnesota.

March 22, 1974.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, David Essling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Jonathan H. Morgan, Sol. Gen., Robert F. Carolan, Sp. Asst. Atty. Gen., St. Paul, Attell P. Felix, County Atty., Little Falls, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Defendant, whose burglary conviction, Minn.St. 609.58, subd. 2(3), was based on a guilty plea, now contends on this direct appeal from the judgment of conviction that (1) the record does not affirmatively show that he waived his right under Minn. St. 628.31 to a preliminary hearing and the case should be remanded to the district court for a hearing to determine whether he was prejudiced by the lack of a hearing; and (2) he should be permitted to withdraw...

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