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STATE v. TYLER

No. 48796.

275 N.W.2d 800 (1979)

STATE of Minnesota, Appellant, v. Billy Roy TYLER, Respondent.

Supreme Court of Minnesota.

January 26, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., David Valentini, Sp. Asst. Atty. Gen., St. Paul, for appellant.

C. Paul Jones, Public Defender, J. Christopher Cuneo, Asst. Public Defender, Minneapolis, Faegre & Benson and George W. Flynn, Minneapolis, for respondent.

Heard before SHERAN, C. J., ROGOSHESKE and PETERSON, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

This is an appeal by the state on behalf of the Minnesota Corrections Board (MCB) from an order of the committing district court discharging Billy Roy Tyler from imprisonment and the board's control resulting from a conviction on a plea of guilty for the crime of kidnapping in 1973, when he was 20 years old. By its order, the committing district court reversed an order of the board refusing to discharge defendant Tyler on his 25th birthday and...

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