O'LEARY v. STATE

No. C0-85-213.

368 N.W.2d 24 (1985)

Daniel Robert O'LEARY, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

May 21, 1985.


Attorney(s) appearing for the Case

Thomas J. O'Connor, McVay and O'Connor, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, R. Kathleen Morris, Scott Co. Atty., Patricia M. Buss, Asst. Co. Atty., Shakopee, for respondent.

Considered and decided by POPOVICH, C.J., and WOZNIAK and FORSBERG, JJ., with oral argument waived.


OPINION

FORSBERG, Judge.

Appellant appeals the trial court's order denying his post-conviction motion for resentencing. Appellant asserts he was entitled to concurrent sentencing for his 1979 and 1981 convictions. We affirm.

FACTS

In 1979, appellant pled guilty to possession of a schedule II controlled substance. Imposition of sentence was stayed, and appellant was placed on probation for five years. During his probation, appellant committed...

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