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DALE v. STATE

No. C8-94-15.

535 N.W.2d 619 (1995)

James Irving DALE, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 4, 1995.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Gayle C. Hendley-Zappia, Asst. County Atty., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

A Hennepin County jury convicted James Irving Dale of attempted first-degree criminal sexual conduct in violation of Minn.Stat. § 609.342, subd. 1(e)(i) (1994) and Minn.Stat. § 609.17 (1994). The trial court sentenced Dale to 52 months' imprisonment. Dale petitioned for postconviction relief seeking to have his conviction reversed or, in the alternative, a new trial. The postconviction...

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