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STATE v. THOMAS

No. C6-85-507.

371 N.W.2d 533 (1985)

STATE of Minnesota, Respondent, v. George THOMAS, etc., Appellant.

Supreme Court of Minnesota.

July 26, 1985.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender, Susan K. Maki, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Thomas Foley, Ramsey Co. Atty., St. Paul, for respondent.

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

AMDAHL, Chief Justice.

Defendant seeks further review of an order of the Court of Appeals denying his motion, pursuant to Minn.R.Crim.P. 28.02, subd. 4(3),1 for an extension of time to file his appeal from judgment of conviction of second-degree murder. The Court of Appeals concluded that it did not have authority to grant the extension. In reaching this conclusion, the court reasoned that the defendant's appeal was a sentencing appeal...

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