FRANK v. STATE

No. 82-892.

326 N.W.2d 636 (1982)

Jeffrey FRANK, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

November 24, 1982.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

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

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


AMDAHL, Chief Justice.

This is an appeal by Jeffrey Frank, age 36, 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 1977 petitioner broke into a home in which a babysitter and four children were present. Petitioner herded the children into a bathroom, then began...

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