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PERKINS v. STATE

No. CX-95-1399.

559 N.W.2d 678 (1997)

Donald Edward PERKINS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

January 30, 1997.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender, Cathryn Middlebrook, Assistant State Public Defender, Minneapolis, for Appellant.

Hubert H. Humphrey, III, Minnesota Attorney General, Catherine M. Keane, Assistant Attorney General, St. Paul, Douglas L. Ruth, Steele County Attorney, Owatonna, for Respondent.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, Justice.

Appellant Donald Edward Perkins pleaded guilty to one count of first-degree criminal sexual conduct in the rape of A.L. At the time of the sexual assault, Perkins knew he was in the full-blown stages of AIDS. Perkins entered his plea pursuant to a form plea petition which was required by local rule. The petition provided that any agreement as to sentence would be a recommendation only, and that the defendant could not withdraw...

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