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JOHNSON v. STATE

No. C8-02-790.

654 N.W.2d 126 (2002)

Kevin JOHNSON, Petitioner, Respondent v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

December 3, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, and Amy Klobuchar, Hennepin County Attorney, David C. Brown, Assistant County Attorney, Minneapolis, MN, for appellant.

John M. Stuart, State Public Defender, Davi E. Axelson, Assistant Public Defender, Minneapolis, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge, LANSING, Judge, and HARTEN, Judge.

O P I N I O N

RANDALL, Judge.

Respondent Kevin Johnson entered a guilty plea to first-degree criminal sexual conduct and was sentenced for a period of 146 months. A postconviction court granted respondent's petition for postconviction relief finding there was ineffective assistance of counsel because respondent's attorney failed to challenge the admission of DNA evidence taken pursuant to a court order in a previous conviction that had been reversed on appeal...

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