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STEPHENS v. STATE

No. CX-85-221.

369 N.W.2d 603 (1985)

Lawrence STEPHENS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

June 25, 1985.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey Co. Atty., Steven C. DeCoster, Asst. Co. Atty., St. Paul, for respondent.

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

OPINION

NIERENGARTEN, Judge.

Appellant Lawrence Grant Stephens was convicted of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(e) (1982) and criminal sexual conduct in the third degree, Minn.Stat. § 609.343(c) (1982). The third degree conviction was vacated pursuant to Minn.Stat. § 609.04 (1984) and appellant was sentenced to 60 months imprisonment. He appeals from the denial of his petition for post-conviction relief, asserting...

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