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RILEY v. STATE

No. C9-86-429.

396 N.W.2d 595 (1986)

James Joseph RILEY, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

November 18, 1986.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Ann Remington, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Hennepin Co. Atty., Paul R. Jennings, Asst. Co. Atty., Minneapolis, for respondent.

Considered and decided by RANDALL, P.J., and FOLEY and HUSPENI, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

This is an appeal from the post-conviction court's denial of a petition for re-sentencing under the guidelines. We affirm.

FACTS

In 1973, appellant was convicted of aggravated rape in violation of Minn.Stat. §§ 609.05, 609.29 (1) (1971). He was sentenced to the custody of the youth commission for an indeterminate term not to exceed thirty years.

In January 1975 the supreme court dismissed an appeal...

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