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VOLSTAD v. STATE

No. 51952.

304 N.W.2d 649 (1981)

Steven A. VOLSTAD, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 24, 1981.

Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, and David Knutson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Michael McGlennen, Asst. County Attys., and Thomas A. Weist, Minneapolis, for respondent.

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

YETKA, Justice.

Petitioner was convicted in 1978 of criminal sexual conduct in the first degree. We affirmed that conviction in State v. Volstad, 287 N.W.2d 660 (Minn.1980). Thereafter, petitioner sought postconviction relief from the conviction, claiming that the conviction violated the double jeopardy clause of the federal constitution because it was based on an act of sexual misconduct for which he had previously been...

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