STATE EX REL. PETERSON v. FABIAN

No. A10-581.

784 N.W.2d 843 (2010)

STATE of Minnesota, ex rel. Billy PETERSON, petitioner, Appellant, v. Joan FABIAN, Commissioner of Corrections, Respondent.

Court of Appeals of Minnesota.

June 29, 2010.


Attorney(s) appearing for the Case

David W. Merchant, Chief Appellate Public Defender, Richard A. Schmitz, Assistant Public Defender, St. Paul, MN, for appellant.

Lori Swanson, Attorney General, Jackson J. Evans, Assistant Attorney General and Krista J. Guinn Fink, St. Paul, Minnesota, for respondent.

Considered and decided by TOUSSAINT, Chief Judge; SCHELLHAS, Judge; and CONNOLLY, Judge.


OPINION

SCHELLHAS, Judge.

This expedited appeal is from an order denying appellant Billy Peterson's petition for a writ of habeas corpus challenging the extension of his incarceration beyond the completion of his sentence. We reverse and remand.

FACTS

On August 7, 2008, the district court committed Peterson to the Commissioner of the Minnesota Department of Corrections for one year and one day for his conviction of failing to register as...

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