SHERN v. STATE

No. C7-01-494.

635 N.W.2d 96 (2001)

Daniel Mark SHERN, Petitioner-Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

November 6, 2001.


Attorney(s) appearing for the Case

Charles Chinquist, Fargo, ND, for appellant.

Mike Hatch, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, and David Olin, Pennington County Attorney, Alan G. Rogalla, Assistant County Attorney, Thief River Falls, for respondent.

Considered and decided by HANSON, Presiding Judge, RANDALL, Judge, and STONEBURNER, Judge.


OPINION

STONEBURNER, Judge.

Appellant petitioned for post-conviction relief, arguing that a five-year period of conditional release that the district court imposed seven months after his sentence was executed was void because the correction was made without prior notice and in violation of Minn. R.Crim. P. 27.03, subd. 2, which requires that a defendant be present at the time of sentencing. After briefs were submitted in this appeal, the supreme court held...

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