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BOLSTAD v. STATE

No. C3-88-2259.

435 N.W.2d 547 (1989)

Albert J. BOLSTAD, Petitioner, Respondent, v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

January 24, 1989.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Susan Maki, Asst. State Public Defender, Minneapolis, for petitioner, respondent.

Hubert H. Humphrey, III, Atty. Gen., William F. Klumpp, Jr., Asst. Atty. Gen., St. Paul, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J., and LANSING and RANDALL, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

By postconviction petition in January 1988, Bolstad challenged a felony point and a custody point included in his criminal history score at the time of sentencing in 1987. The trial judge, by order filed September 2, 1988, agreed that the felony point should not be included, but refused to subtract the custody point. The state timely appealed from that order. After the time for appeal expired, Bolstad...

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