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TORRES v. STATE

No. A12-0570.

837 N.W.2d 487 (2013)

Rusttee Allan TORRES, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

October 2, 2013.

Attorney(s) appearing for the Case

Rusttee A. Torres, Bayport, Minnesota, pro se.

Lori Swanson , Attorney General, Saint Paul, Minnesota; and G. Paul Beaumaster , Rice County Attorney, Benjamin Bejar , Assistant County Attorney, Faribault, Minnesota, for respondent.

Considered and decided by the court without oral argument.

OPINION

WRIGHT, Justice.

In his second postconviction petition, Rusttee Allan Torres seeks relief from his conviction of first-degree murder in the course of a burglary, arising out of the death of J.S. Torres alleges that he is entitled to a new trial based on newly discovered evidence. The postconviction court denied Torres's petition after an evidentiary hearing, and we affirm.

On May 8, 1999, Dylan Frohn and Chris St. Martin drove from Faribault...

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