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WHELAN v. STATE

No. 82-518.

323 N.W.2d 32 (1982)

Leo WHELAN, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 17, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Ann Remington, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Paul Morreim, County Atty., Albert Lea, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by Leo Whelan, age 61, from an order of the Freeborn County District Court denying his petition for postconviction relief in the form of resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (Supp.1981). We affirm.

In 1965 petitioner was convicted of sexually assaulting a 5-year-old girl and was sentenced to a prison term of 5 years.

In 1968 petitioner forced...

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