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SPANN v. STATE

No. A04-278.

686 N.W.2d 868 (2004)

Charles Lee SPANN, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

September 28, 2004.

Attorney(s) appearing for the Case

Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, MN, for appellant.

Mike Hatch, Attorney General, and Susan Gaertner, Ramsey County Attorney, Jeanne L. Schleh, Assistant County Attorney, St. Paul, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; KALITOWSKI, Judge; and ANDERSON, Judge.

OPINION

KALITOWSKI, Judge.

As a stipulated settlement of his criminal appeal, appellant Charles Lee Spann agreed to waive his right to further appeals. Appellant contends the district court abused its discretion in dismissing his petition for postconviction relief based on this waiver.

FACTS

In October 2000, appellant was convicted of two counts of first-degree criminal sexual conduct. The district court subsequently sentenced appellant...

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