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HOROSHAK v. STATE

No. C2-90-2477.

469 N.W.2d 474 (1991)

Andrew Philip HOROSHAK, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied July 1, 1991.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Richard G. Carlson, Sp. Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis Co. Atty., Duluth, for respondent.

Considered and decided by LANSING, P.J., and PETERSON and SCHULTZ, JJ.

OPINION

LANSING, Judge.

In a constitutional challenge to Minn. Stat. § 244.09, subd. 11a, Andrew Horoshak contends that limiting retroactive relief petitions to sentences reduced by legislative changes in the durational cells of the guidelines grid denies equal protection to individuals serving sentences reduced by other legislative modifications in the guidelines matrix. Because the distinction in subdivision 11a serves a legitimate state purpose,...

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