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RUPERT v. STATE

No. 82-217.

322 N.W.2d 186 (1982)

Elmer Lee RUPERT, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

July 16, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Larry Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, John P. Dimich, County Atty., Grand Rapids, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by Elmer Lee Rupert from an order of the Itasca 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.

Petitioner, who is 20, seeks resentencing in connection with 1980 convictions of burglary and unauthorized use of a motor vehicle, for which he received consecutive...

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