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PERRY v. STATE

No. A06-1562.

731 N.W.2d 143 (2007)

Leon M. PERRY, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

May 3, 2007.

Attorney(s) appearing for the Case

Leon M. Perry, Bayport, MN, Pro Se.

Lori Swanson, Attorney General, St. Paul, MN, Mike Freeman, Hennepin County Attorney, Donna J. Wolfson, Assistant County Attorney, Minneapolis, MN, for Respondent.

Considered and decided by the court en banc without oral argument.

OPINION

MEYER, Justice.

Leon M. Perry appeals from a summary denial of his second petition for postconviction relief arguing that the state's failure to prove a violation of Minn.Stat. § 609.11 (1994),1 a firearm sentencing statute, violates his rights under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We affirm the postconviction court's denial of Perry...

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