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NOVAK v. STATE

Nos. 82-287, 82-425.

325 N.W.2d 132 (1982)

Joseph A. NOVAK, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

October 29, 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., Norman B. Coleman, Jr., and Janet Newberg Anderson, Sp. Asst. Attys. Gen., St. Paul, Paul G. Morreim, Fred R. Kraft, County Attys., Albert Lea, for respondent.

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

AMDAHL, Chief Justice.

This is a consolidated appeal by Joseph Allen Novak, age 28, from orders of the Mower County District Court and the Freeborn County District Court in post-conviction proceedings for resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (Supp.1981).

On April 9, 1980, before the Sentencing Guidelines became effective, petitioner was arrested after he sold 9 pounds of marijuana

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