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STATE EX REL. LINEHAN v. WOOD

No. C9-86-334.

397 N.W.2d 341 (1986)

STATE of Minnesota ex rel. Dennis Darol LINEHAN, petitioner, Appellant, v. Frank WOOD, et al., Respondents.

Supreme Court of Minnesota.

December 19, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Mary J. Theisen, St. Paul, for appellant.

C. Paul Jones, State Public Defender, Ann McDiarmid, Asst. State Public Defender, Minneapolis, for respondents.

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

AMDAHL, Chief Justice.

We granted the state's petition for review in order to decide whether the Court of Appeals erred in awarding a prisoner, Dennis Darol Linehan, credit against his Minnesota sentence for time spent in prison in Michigan for a Michigan offense that Linehan committed after escaping from prison in Minnesota. We reverse the Court of Appeals and reinstate the decision of the trial court.

Linehan pleaded guilty in 1965 to kidnapping. The charge...

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