Crawford v. State

Supreme Court of Minnesota

Crawford v. State

319 N.W.2d 14, 1982 Minn. LEXIS 1549

CourtSupreme Court of Minnesota

DecidedMay 10, 1982

DocketNo. 82-200

StatusPublished

This text of 319 N.W.2d 14 (Crawford 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.

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Crawford v. State, 319 N.W.2d 14, 1982 Minn. LEXIS 1549 (Mich. 1982).

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Opinion

AMDAHL, Chief Justice.

This is an appeal from an order of the Hennepin County District Court denying a petition by Stephen Michael Crawford, age 34, for postconviction resentenc-ing in connection with his 1969 third-degree murder conviction. The petition was filed pursuant to the recent amendment to the Postconviction Remedy Act which provides that persons convicted of and sentenced for crimes committed before May 1, 1980, may petition the district court for postconviction relief in the form of resentencing pursuant to the Minnesota Sentencing Guidelines. Minn.Stat. § 590.01 (1980), amended by Act of June 1, 1981, ch. 366, § 1, 1981 Minn. Laws 2355, 2356. Our examination of the record satisfies us that the postconviction court was justifiably unable to find that petitioner’s early release from his sentence would not present a danger to the public and would not be incompatible with the welfare of society. Accordingly, we conclude that the district court properly denied the petition. Smith v. State, 317 N.W.2d 366 (Minn.1982); Stevenson v. Young, 314 N.W.2d 821 (Minn.1982).

Petitioner remains subject to the jurisdiction of the Minnesota Corrections Board or its successor.

Affirmed.

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AMDAHL, Chief Justice.

This is an appeal from an order of the Hennepin County District Court denying a petition by Stephen Michael Crawford, age 34, for postconviction resentenc-ing in connection with his 1969 third-degree murder conviction. The petition was filed pursuant to the recent amendment to the Postconviction Remedy Act which provides that persons convicted of and sentenced for crimes committed before May 1, 1980, may petition the district court for postconviction relief in the form of resentencing pursuant to the Minnesota Sentencing Guidelines. Minn.Stat. § 590.01 (1980), amended by Act of June 1, 1981, ch. 366, § 1, 1981 Minn. Laws 2355, 2356. Our examination of the record satisfies us that the postconviction court was justifiably unable to find that petitioner’s early release from his sentence would not present a danger to the public and would not be incompatible with the welfare of society. Accordingly, we conclude that the district court properly denied the petition. Smith v. State, 317 N.W.2d 366 (Minn.1982); Stevenson v. Young, 314 N.W.2d 821 (Minn.1982).

Petitioner remains subject to the jurisdiction of the Minnesota Corrections Board or its successor.

Affirmed.

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319 N.W.2d 14, 1982 Minn. LEXIS 1549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-state-minn-1982.

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