Aird v. State
Aird v. State
Opinion of the Court
This appeal from a denial in October 1968 of defendant’s postconviction petition for relief challenging the validity of his 1962 .conviction
While we doubt that our Postconviction Remedy Act, Minn. St. 590.01 et seq., was intended to afford relief from a conviction which admittedly imposes no present restraint on defendant’s liberty, or that the relief sought under the circumstances of the 1962 conviction is in any event within the authority of this court, we have nevertheless, because of the protracted nature of these proceedings, reviewed the matter on the merits. We affirm the findings and order of the postconviction court.
Even though there was an erroneous dismissal of defendant’s 1964 petition for a writ of habeas corpus essentially because defendant was paroled from prison in April 1966, State ex rel. Atkinson v. Tahash, 274 Minn. 65, 142 N. W. 2d 294 (1966),
Affirmed.
Minn. St. 609.155, subd. 1, provides: “ ‘Extended term of imprisonment’ means a term of imprisonment the maximum of which may be for the maximum term authorized by law for the crime for which the defendant is being sentenced multiplied by the number of his prior felony convictions, but not to exceed 40 years.”
See, also, State ex rel. Holm v. Tahash, 272 Minn. 466, 139 N. W. 2d 161 (1965).
See, State v. Richardson, 280 Minn. 136, 158 N. W. 2d 161 (1968).
See, State v. LaJeunesse, 280 Minn. 381, 159 N. W. 2d 261 (1968).
See, State v. Madison, 281 Minn. 170, 160 N. W. 2d 680 (1968), certiorari denied, 393 U. S. 1102, 89 S. Ct. 904, 21 L. ed. 2d 796 (1969).
Reference
- Full Case Name
- WILLIAM I. AIRD v. STATE
- Status
- Published