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FRATZKE v. PUNG

No. C1-85-1175.

378 N.W.2d 112 (1985)

Gordon FRATZKE, Petitioner, v. Orville PUNG, Commissioner of Corrections, et al., Respondent.

Court of Appeals of Minnesota.

Review Denied January 31, 1986.

Attorney(s) appearing for the Case

Deborah Ellis, Thomson & Hawkins, St. Paul, for petitioner.

Hubert H. Humphrey, III, Atty. Gen., Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, Robert W. Kelly, Washington Co. Atty., Stillwater, for respondent.

Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Gordon Fratzke, convicted of first degree murder in 1982, appeals from an order denying his petition for a writ of habeas corpus. Fratzke contends that his mandatory life sentence under Minn.Stat. § 244.05, subd. 4 deprives him of certain constitutional rights, including equal protection. Since this was not a direct appeal from a final judgment of conviction of murder in the first degree, Minn.R.Crim.P. 29.02, subd. 1, we have...

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