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MILLER v. STATE

No. A05-952.

714 N.W.2d 745 (2006)

Howard Wayne MILLER, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

June 6, 2006.

Attorney(s) appearing for the Case

Mary M. McMahon, McMahon & Associates Criminal Defense, Ltd., Roseville, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Donald F. Ryan, Crow Wing County Attorney, John J. Sausen, Assistant County Attorney, Brainerd, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge; MINGE, Judge; and ROSS, Judge.

OPINION

MINGE, Judge.

Appellant challenges his sentence on the ground that Minn.Stat. § 609.109, subd. 7(a) (1998), did not allow the district court to impose consecutive terms of conditional release. Because we conclude that the statute's text and purpose do not support the imposition of consecutive conditional release terms, we reverse and remand for resentencing.

FACTS

Appellant Howard Wayne Miller was charged with two counts of...

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