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SMITH v. STATE

No. C8-98-1951.

596 N.W.2d 661 (1999)

Henry Lernell SMITH, petitioner, Respondent, v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

Review Denied August 27, 1999.

Attorney(s) appearing for the Case

Phillip S. Resnick, Scott J. Seiler, Resnick & Seiler, P.L.L.P., Minneapolis, for respondent.

Mike Hatch, Attorney General, St. Paul, and Amy Klobuchar, Hennepin County Attorney, Donna J. Wolfson, Assistant County Attorney, Minneapolis, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge, SHORT, Judge, and HOLTAN, Judge.

OPINION

SHORT, Judge

In 1992, Henry Lernell Smith pleaded guilty to second-degree felony murder in violation of Minn.Stat. § 609.19(2) (1992), and first-degree assault in violation of Minn.Stat. § 609.221 (1992). Five and a half years later, Smith filed a petition for postconviction relief. The postconviction court vacated Smith's sentence for second-degree felony murder and ordered a trial. On appeal, the state argues: (1) an illegal drug sale...

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