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WARD v. STATE

No. 82-843.

324 N.W.2d 649 (1982)

David WARD, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

September 30, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Susan K. Maki, Asst. Public Defender, The New Law School, Univ. of Minn., Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan Mitchell, County Atty., and Mark S. Rubin, Asst. County Atty., Duluth, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by David James Ward, age 24, from an order of the St. Louis 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, while on probation, petitioner and an accomplice were in the process of burglarizing a building when the accomplice was shot and fatally...

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