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DeGIDIO v. STATE

No. 49816.

289 N.W.2d 135 (1980)

Anthony DeGIDIO, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

January 11, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Evalynn Welling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, App.Div., David W. Larson, Thomas A. Weist and Janeen E. Rosas, Asst. County Attys., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

ROGOSHESKE, Justice.

This is an appeal by petitioner from an order of the district court denying a petition for postconviction relief from a 1976 judgment of conviction of attempted burglary with tools, Minn.Stat. §§ 609.17 and 609.58, subd. 2(1)(a) (1978). Petitioner's judgment of conviction was affirmed on direct appeal in State v. DeGidio, 261 N.W.2d 746 (Minn.1978), in which we rejected contentions that the...

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