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WHITE v. STATE

No. C6-86-999.

400 N.W.2d 153 (1987)

Joseph Frank WHITE, Petitioner, Respondent, v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

Review Denied March 25, 1987.

Attorney(s) appearing for the Case

Kimball D. Mattson, Larry A. Kimball, Finn & Mattson, Walker, for respondent.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Earl E. Maus, Cass Co. Atty., Jodie A. Metcalf, Asst. Cass Co. Atty., Walker, for appellant.

Heard, considered, and decided by LESLIE, P.J., and FOLEY and RANDALL, JJ.

OPINION

FOLEY, Judge.

This appeal is from an order granting post-conviction relief to respondent Joseph White. After holding Minn.Stat. § 590.01, subd. 3 (1984) unconstitutional, the post-conviction court resentenced White, even though it was expressly unable to make the requisite statutory findings that White's early release would not present a danger to the public and would not be incompatible with the welfare of society. Appellant State of Minnesota...

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