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BAILEY v. STATE

No. C8-87-805.

414 N.W.2d 503 (1987)

Clark Albert BAILEY, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied December 22, 1987.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Lawrence Hammerling, Asst. Public Defender, LAMP Legal Asst. Minnesota Prisoner, Minneapolis, for petitioner-appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, J. Michael Richardson, Asst. Co. Atty., Minneapolis, for respondent.

Considered and decided by NORTON, P.J., and MULALLY and LOMMEN, JJ., with oral argument waived.

OPINION

NORTON, Judge.

Appellant Clark Albert Bailey challenges the trial court's dismissal, without an evidentiary hearing, of his petition for post-conviction relief. The trial court determined that appellant committed an abuse of process by inexcusably delaying his petition for over nine years since his conviction and sentencing. We reverse and remand for an evidentiary hearing.

FACTS

In May 1977, after pleading guilty to charges of...

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