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STATE EX REL. HOLECEK v. ROSS

No. C9-91-851.

472 N.W.2d 185 (1991)

STATE of Minnesota, ex rel. Frank Charles HOLECEK, Petitioner. Appellant, v. Dick ROSS, Crow Wing County Sheriff, Respondent.

Court of Appeals of Minnesota.

June 18, 1991.

Attorney(s) appearing for the Case

Brian N. Toder, Brian N. Toder, Ltd., Douglas W. Thomson, Thomson & Ellis, Ltd., St. Paul, for appellant.

John Remington Graham, Crow Wing County Atty., Brainerd, for respondent.

Considered at Special Term and decided by WOZNIAK, C.J., and RANDALL and NORTON, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

This appeal is from an order denying a petition for a writ of habeas corpus. We reverse and grant the petition.

FACTS

Appellant Frank Holecek pleaded guilty to charges of second degree assault and the gross misdemeanor offense of participating in a riot. On the felony assault charge, Holecek was sentenced to a stay of imposition and required to serve ten months in the county jail as a condition...

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