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TAUER v. STATE

No. C3-89-1915.

451 N.W.2d 649 (1990)

Steven L. TAUER, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied March 16, 1990.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Cathryn Y. Middlebrook, Minneapolis, for petitioner, appellant.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, James Olson, Brown County Atty., New Ulm, for respondent.

Considered and decided by CRIPPEN, P.J., and GARDEBRING and FLEMING, JJ.

OPINION

GARDEBRING, Judge.

This is an appeal from the trial court's denial of appellant's petition for postconviction relief. On January 4, 1988, appellant Steven Tauer was orally sentenced at a hearing to 41 months in prison. The sentencing order, issued four days later, however designated his sentence as 45 months. On August 7, 1989, appellant filed a pro se petition for postconviction relief, which the...

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