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STATE v. AMUNDSON

No. A12-2095.

828 N.W.2d 747 (2013)

STATE of Minnesota, Respondent, v. Derick Lee AMUNDSON, Appellant.

Court of Appeals of Minnesota.

April 15, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Anthony C. Palumbo , Anoka County Attorney, Robert D. Goodell , Assistant County Attorney, Anoka, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Cathryn Middlebrook , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by KIRK, Presiding Judge; STONEBURNER, Judge; and HUDSON, Judge.

OPINION

STONEBURNER, Judge.

Appellant challenges the district court's application of Minn.Stat. § 590.04, subd. 3, which permits summary dismissal of second or successive petitions for similar postconviction relief on behalf of the same petitioner, to his motion for correction of sentence under Minn. R.Crim. P. 27.03, subd. 9. Appellant also asserts that because the sentencing court imposed an upward departure based solely on a plea agreement, this...

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