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SYROVATKA v. STATE

No. 48309.

278 N.W.2d 558 (1979)

John SYROVATKA, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 20, 1979.

Attorney(s) appearing for the Case

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

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Craig H. Forsman, Sp. Asst. Atty. Gen., St. Paul, Richard A. Peterson, County Atty., Hutchinson, for respondent.

Considered and decided by the court without oral argument.

WAHL, Justice.

Defendant was found guilty by a district court jury of a charge of unlawful sale of marijuana, Minn.St. 152.02, subd. 2(3), and 152.09, subd. 1(1), and was sentenced by the trial court to a term of 1 to 10 years in prison, Minn.St. 152.15, subd. 1(2). Defendant did not appeal from judgment of conviction, which was entered in 1975; but in 1977, when he was free on parole, he filed a petition for postconviction relief. This appeal, which is from the order...

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