SHELLEY v. STATE

No. C1-87-614.

412 N.W.2d 761 (1987)

Terry S. SHELLEY, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied November 24, 1987.


Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Bradford W. Colbert, Asst. State Public Defender, St. Paul, for Terry S. Shelley, petitioner, appellant.

Hubert H. Humphrey, III, Atty. Gen., James B. Early, Spec. Asst. Atty. Gen., St. Paul, Richard T. Jessen, Benton Co. Atty., Foley, for State of Minn., respondent.

Considered and decided by FOLEY, P.J., PARKER and SEDGWICK, JJ., with oral argument waived.


OPINION

FOLEY, Judge.

This is an appeal from the March 18, 1987 denial of appellant's petition for postconviction relief seeking resentencing under the Minnesota Sentencing Guidelines. We affirm.

FACTS

In March 1980, appellant Terry S. Shelley and two accomplices shot and killed Leonard and Virginia Lezer. Appellant and his accomplices first shot Leonard. They later returned to the scene and shot Virginia to eliminate witnesses. Appellant...

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