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  5. 754 N.W.2d 686 (2008)
 

STATE v. MILLER

Nos. A05-2519, A07-2195.

754 N.W.2d 686 (2008)

STATE of Minnesota, Respondent, v. Franklin Alan MILLER, Appellant, Franklin Alan Miller, Petitioner-Appellant, v. State of Minnesota, Respondent.

Supreme Court of Minnesota.

August 21, 2008.

Attorney(s) appearing for the Case

Lawrence Hammerling, Chief Appellate Public Defender, Michael F. Cromett, Assistant State Public Defender, Office of the State Public Defender, St. Paul, MN, for appellant.

Lori Swanson, Minnesota Attorney General, Kelly O'Neill Moller, Assistant Attorney General, Office of the Attorney General, St. Paul, MN, and Melanie S. Ford, St. Louis County Attorney, Duluth, MN, for respondent.

OPINION

ANDERSON, PAUL H., Justice.

A Saint Louis County jury found Franklin Alan Miller guilty of two counts of first-degree murder and two counts of kidnapping for the July 2004 kidnapping and death of Travis Holappa. The district court convicted Miller for first-degree murder committed in the course of kidnapping, Minn.Stat. § 609.185(a)(3) (2006), and sentenced him to life in prison. Miller filed a direct appeal, which was stayed pending the filing...

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