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JOHNSON v. STATE

No. A06-1102.

733 N.W.2d 834 (2007)

Marvin Orlando JOHNSON, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

July 3, 2007.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Richard Schmitz, Assistant Public Defender, Minneapolis, MN, for appellant.

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Thomas A. Weist, Assistant County Attorney, Minneapolis, MN, for respondent.

Considered and decided by PETERSON, Presiding Judge; SHUMAKER, Judge; and ROSS, Judge.

OPINION

SHUMAKER, Judge.

Appealing from a postconviction resentencing on a multi-count sentence, appellant Marvin Johnson argues that although the postconviction court had the authority to reduce the erroneous portion of the sentence for one aggravated-robbery conviction, the court abused its discretion when it increased the duration of his sentence for the second aggravated-robbery conviction. Since Johnson expressly negotiated his original sentence through...

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