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STUSEK v. STATE

No. 82-411.

324 N.W.2d 366 (1982)

John Edward STUSEK, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

September 24, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and William Neiman, 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 John Edward Stusek, age 41, 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 1978 petitioner followed a woman from a tavern to the parking lot of her apartment, where he forcibly raped her. Petitioner was caught in the...

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