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STATE v. HYATT

No. 47718.

281 N.W.2d 716 (1979)

STATE of Minnesota, Respondent, v. Michael George HYATT, Appellant.

Supreme Court of Minnesota.

July 13, 1979.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Michael F. Cromett, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

Petitioner, who waived his right to a jury trial, was found guilty in district court of two sex charges — first-degree criminal sexual conduct and aggravated sodomy — for his role, along with two others, in aiding and abetting a homosexual rape of a fellow inmate at the Ramsey County Workhouse on July 9, 1976. Thereafter, petitioner filed a direct appeal, but later moved for a stay and a remand for a postconviction hearing on his claim...

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