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FRITZ v. STATE

Nos. 48403, 49521.

284 N.W.2d 377 (1979)

David Joseph FRITZ, Petitioner, Respondent, v. STATE of Minnesota, Appellant, and David J. FRITZ, Petitioner, Appellant, v. STATE of Minnesota and the Commissioner of Public Welfare, State of Minnesota, Respondents.

Supreme Court of Minnesota.

August 24, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Paul G. Zerby, Asst. Atty. Gen., St. Paul, Robert W. Johnson, County Atty., Dan M. Kammeyer and Edwin M. Wistrand, Asst. County Attys., Anoka, for State in both cases.

Evalynn Welling, Asst. Public Defender, Minneapolis, for Fritz in No. 49521.

C. Paul Jones, Public Defender, and J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for Fritz in both cases.

Ellen C. Dubuque, Sp. Asst. Atty. Gen., St. Paul, for State et al., in No. 49521.

Heard, considered, and decided by the court en banc.

TODD, Justice.

Appellant was convicted of criminal sexual misconduct based on a guilty plea. Imposition of sentence was stayed for 10 years on the condition that appellant be treated by the Department of Public Welfare (DPW) under the Minnesota Sex Offender Act. After treatment and various postconviction proceedings, the trial court continued appellant's commitment with the DPW and vacated appellant's 10-year probationary sentence to the commissioner of corrections...

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