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STATE v. DABY

No. 82-138.

319 N.W.2d 11 (1982)

STATE of Minnesota, Respondent, v. Bert Ernest DABY, Appellant.

Supreme Court of Minnesota.

May 10, 1982.

Attorney(s) appearing for the Case

Chestnut & Brooks, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan Mitchell, County Atty., and Mark S. Rubin, Asst. County Atty., Duluth, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal from the denial of a petition for postconviction relief in the form of resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn. Stat. § 590.01 (1980), amended by Act of June 1, 1981, ch. 366, § 1, 1981 Minn.Laws 2355, 2356. We affirm.

Petitioner was convicted in St. Louis County District Court in 1969 of aggravated rape, Minn.Stat. § 609.291 (1969), for forcing a 12-year...

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