Ani v. State

Supreme Court of Minnesota

Ani v. State

288 N.W.2d 719, 1980 Minn. LEXIS 1310

CourtSupreme Court of Minnesota

DecidedFebruary 15, 1980

Docket50211

StatusPublished

Cited by3 cases

This text of 288 N.W.2d 719 (Ani v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ani v. State, 288 N.W.2d 719, 1980 Minn. LEXIS 1310 (Mich. 1980).

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Opinion

WAHL, Justice.

This is an appeal from the denial of postconvietion relief. Petitioner was convicted by a district court jury of criminal sexual conduct in the first degree, Minn. Stat. § 609.342 (Supp.1975), and aggravated sodomy, Minn.Stat. § 609.293, subd. 2 (1974), and was sentenced by the trial court to a 3-30-year prison term. In State v. Ani, 257 N.W.2d 699 (Minn.1977), we affirmed this judgment of conviction against a number of claims, including that the evidence of his guilt was legally insufficient. This postcon-viction proceeding followed, petitioner claiming that his trial counsel did not represent him adequately. The district court denied relief and petitioner appealed, raising on appeal a new issue relating to the length of his sentence based on our recent opinion in State v. Coolidge, 282 N.W.2d 511 (Minn.1979) (reducing the maximum term for a sodomy conviction from 30 to 20 years because the sodomy statute was impliedly repealed before final judgment had occurred and replaced by a statute permitting only a 20-year maximum term). The state agrees that petitioner’s maximum term should be reduced to 20 years but disputes petitioner’s contention that he should receive a new trial because of incompetence of counsel or in the interests of justice. We hold that the postconvietion court, after applying the appropriate standard — see White v. State, 309 Minn. 476, 479, 248 N.W.2d 281, 285 (1976) — properly ruled that petitioner failed to meet his burden of proving ineffective assistance. Petitioner’s maximum prison term is reduced from 30 to 20 years in accordance with the view expressed in our opinion in State v. Coolidge, supra.

Denial of new trial affirmed; sentence reduced.

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WAHL, Justice.

This is an appeal from the denial of postconvietion relief. Petitioner was convicted by a district court jury of criminal sexual conduct in the first degree, Minn. Stat. § 609.342 (Supp.1975), and aggravated sodomy, Minn.Stat. § 609.293, subd. 2 (1974), and was sentenced by the trial court to a 3-30-year prison term. In State v. Ani, 257 N.W.2d 699 (Minn.1977), we affirmed this judgment of conviction against a number of claims, including that the evidence of his guilt was legally insufficient. This postcon-viction proceeding followed, petitioner claiming that his trial counsel did not represent him adequately. The district court denied relief and petitioner appealed, raising on appeal a new issue relating to the length of his sentence based on our recent opinion in State v. Coolidge, 282 N.W.2d 511 (Minn.1979) (reducing the maximum term for a sodomy conviction from 30 to 20 years because the sodomy statute was impliedly repealed before final judgment had occurred and replaced by a statute permitting only a 20-year maximum term). The state agrees that petitioner’s maximum term should be reduced to 20 years but disputes petitioner’s contention that he should receive a new trial because of incompetence of counsel or in the interests of justice. We hold that the postconvietion court, after applying the appropriate standard — see White v. State, 309 Minn. 476, 479, 248 N.W.2d 281, 285 (1976) — properly ruled that petitioner failed to meet his burden of proving ineffective assistance. Petitioner’s maximum prison term is reduced from 30 to 20 years in accordance with the view expressed in our opinion in State v. Coolidge, supra.

Denial of new trial affirmed; sentence reduced.

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Bluebook (online)

288 N.W.2d 719, 1980 Minn. LEXIS 1310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ani-v-state-minn-1980.

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