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BIXBY v. STATE

No. C1-83-975.

344 N.W.2d 390 (1984)

Mark Kayo BIXBY, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

February 17, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender by Kathy King, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., State of Minn., St. Paul, Harris I. Darling, Nobles County Atty., Worthington, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal from an order of the district court denying a petition for postconviction relief. The appeal concerns whether petitioner's two 1977 convictions of criminal sexual conduct in the third degree were based on a single behavioral incident. If so, then the sentencing court erred in 1982 when, in computing petitioner's criminal history score in order to determine the presumptive sentence for a current offense of receiving stolen property...

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