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SPEARS v. STATE

No. A05-319.

725 N.W.2d 696 (2006)

Randall Mark SPEARS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

December 28, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, State of Minnesota, St. Paul, MN, Patrick J. Ciliberto, Scott County Attorney, Todd P. Zettler, Special Assistant Scott County Attorney, Scott County Justice Center, Shakopee, MN, for respondent.

Benjamin J. Butler, Office of the Minnesota State Public Defender, Minneapolis, MN, for Appellant.

Considered and decided by the court without oral argument.

OPINION

HANSON, Justice.

Appellant Randall Mark Spears was convicted of six counts of criminal sexual conduct in the first degree and two counts of kidnapping. While Spears's petition to this court for further review of his direct appeal was pending, the United States Supreme Court announced its decision in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (holding that, "[o]ther than...

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