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STATE v. ANDERSON

No. 82-275.

322 N.W.2d 336 (1982)

STATE of Minnesota, Respondent, v. Kevin Peter ANDERSON, Appellant.

Supreme Court of Minnesota.

July 27, 1982.

Attorney(s) appearing for the Case

Kevin Peter Anderson, pro se.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and Vernon E. Bergstrom, Asst. County Atty., Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by Kevin Peter Anderson, age 26, from an order of the Hennepin 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 1979 petitioner was convicted of burglary and theft over $100 and was sentenced to 5 years in prison. That conviction was affirmed in

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