STATE v. FLINT

No. 81-809.

324 N.W.2d 359 (1982)

STATE of Minnesota, Respondent, v. Duane H. FLINT, Appellant.

Supreme Court of Minnesota.

Rehearing Denied November 29, 1982.


Attorney(s) appearing for the Case

Richard T. Oakes, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, Thomas A. Weist and Rick Osborne, Asst. County Attys., and Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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


WAHL, Justice.

Defendant was found guilty by a district court jury of a charge of arson in the first degree and was sentenced by the trial court to 24 months in prison, which is the presumptive term established by the Sentencing Guidelines for this offense (severity level VII) by a person with defendant's criminal history score (zero). Following trial and conviction, one of the state's witnesses recanted his trial testimony, and a post-conviction hearing was held...

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