HANKERSON v. STATE

No. A06-168.

723 N.W.2d 232 (2006)

Dena Lyn HANKERSON, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

Rehearing Denied November 9, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, Saint Paul, MN, Stephen Betcher, Goodhue County Attorney, Goodhue County Justice Center, Red Wing, MN, For Respondent.

Benjamin J. Butler, Assistant State Public Defender, Office of the MN State Public Defender, Minneapolis, MN, For Appellant.

Heard, considered, and decided by the court en banc.


OPINION

HANSON, Justice.

Appellant Dena Lyn Hankerson filed a petition for postconviction relief challenging her aggravated sentence because it was based on judicial fact finding in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The postconviction court denied Hankerson's request to vacate her sentence and impose the presumptive guideline sentence, but ordered a sentencing...

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