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STATE v. MYERS

No. 48609.

273 N.W.2d 656 (1978)

STATE of Minnesota, Appellant, v. Donnie LeRoy MYERS, Respondent.

Supreme Court of Minnesota.

December 15, 1978.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., John H. Daniels, Jr., Sp. Asst. Atty. Gen., St. Paul, Richard F. Blahnik, Asst. City Atty., Winona, for appellant.

C. Paul Jones, Public Defender, Gregory A. Gaut, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal by the state pursuant to Minn.St. 590.06 from an order of the Winona County District Court granting defendant's petition for postconviction relief from a conviction for driving while under the influence of alcohol, § 169.121, subd. 1(a). The state's main contention is that the issue upon which relief was granted was already litigated on direct appeal and that therefore defendant-petitioner...

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