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MOFFITT v. STATE

No. 51587.

304 N.W.2d 31 (1981)

James Paul MOFFITT, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 3, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas W. Foley, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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

OTIS, Justice.

This is a postconviction proceeding raising the issue of the legality of the imposition of a prison term to run consecutively to a previously imposed but unexecuted sentence for an earlier offense.

Petitioner plead guilty in 1978 to burglary, and the trial court imposed a 5-year prison term, with the term to run consecutively to a previously imposed but unexecuted sentence of 5 years for a 1976 burglary...

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