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STATE v. PEAKE

No. C5-84-1282.

355 N.W.2d 498 (1984)

STATE of Minnesota, Respondent, v. Albert James PEAKE, Appellant.

Court of Appeals of Minnesota.

Review Granted December 20, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Alan L. Mitchell, St. Louis County Atty., Duluth, for respondent.

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

Considered and decided by FORSBERG, P.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

This appeal is from a district court order denying appellant's petition for post conviction relief which challenged the durational sentence departure and sought modification of sentence under the November 1983 Guidelines change. We affirm and modify the sentence.

FACTS

Appellant pleaded guilty to second degree murder; death resulting from committing the felony of assault in the first degree.

Appellant admitted...

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