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STATE v. BLOCK

No. 81-1294.

316 N.W.2d 922 (1982)

STATE of Minnesota, Respondent, v. Robert Wayne BLOCK, Appellant.

Supreme Court of Minnesota.

March 22, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and James R. Peterson, Sp. Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Thomas A. Weist and Richard Osborne, Asst. County Attys., and Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

The Minnesota Legislature has provided for retrospective application of the Sentencing Guidelines under certain conditions. Act of June 1, 1981, ch. 366, § 1, 1981 Minn.Laws 2355-56 (to be codified at Minn. Stat. § 590.01, subd. 3 (1982)). This appeal from district court raises the issue of the applicability of that provision to a petitioner who has already been paroled but who contends that if he were resentenced according to the...

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