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EVANS v. STATE

No. 82-290.

322 N.W.2d 337 (1982)

Louis William EVANS, Jr., petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

July 27, 1982.

Attorney(s) appearing for the Case

Chestnut & Brooks and Kevin S. Burke, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Robert Carolan, County Atty., and Mark Nathan Lystig, Asst. County Atty., Hastings, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by Louis William Evans, Jr., from an order of the Dakota 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 1961 petitioner was convicted of second-degree murder and was sentenced to a prison term of 15-40 years. He was paroled in 1969, but parole was...

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