WELLS v. STATE

No. A13-0338.

839 N.W.2d 775 (2013)

James Robert Ozzie WELLS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

December 2, 2013.


Attorney(s) appearing for the Case

Rodd Tschida , Minneapolis, MN; and Daniel R. Savaloja , Blaine, MN, for appellant.

Lori Swanson , Attorney General, St. Paul, Minnesota; and Anthony C. Palumbo , Anoka County Attorney, Marcy S. Crain , Assistant County Attorney, Anoka, MN, for respondent.

Considered and decided by SMITH, Presiding Judge; WORKE, Judge; and RODENBERG, Judge.


OPINION

WORKE, Judge.

Appellant challenges the district court's denial of his postconviction-relief petition, arguing that the district court erred by sentencing him to an executed 48-month prison term for first-degree burglary after sentencing him to probation for the greater offense of first-degree assault, and by entering a conviction for second-degree assault. We conclude that the district court did not abuse its discretion in sentencing appellant on...

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