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Laws-info.com » Cases » Minnesota » Court of Appeals » 2011 » A11-215, Brady Michael Alton Freeman, petitioner, Appellant, vs. State of Minnesota, Respondent.
A11-215, Brady Michael Alton Freeman, petitioner, Appellant, vs. State of Minnesota, Respondent.
State: Minnesota
Court: Court of Appeals
Docket No: A11-215
Case Date: 09/26/2011
Preview:STATE OF MINNESOTA IN COURT OF APPEALS A11-215 Brady Michael Alton Freeman, petitioner, Appellant, vs. State of Minnesota, Respondent. Filed September 26, 2011 Affirmed Worke, Judge Dakota County District Court File No. 19HA-VB-10-468 Joseph S. Friedberg, Minneapolis, Minnesota (for appellant) Lori Swanson, Attorney General, St. Paul, Minnesota; and James C. Backstrom, Dakota County Attorney, Tricia A. Loehr, Assistant County Attorney, Hastings, Minnesota (for respondent) Considered and decided by Halbrooks, Presiding Judge; Worke, Judge; and Connolly, Judge. SYLLABUS Postconviction relief is unavailable to a petty misdemeanant because a pettymisdemeanor offense is not a crime and the Minnesota Postconviction Relief Act by its plain language provides a remedy only to a person "convicted of a crime."

OPINION WORKE, Judge Appellant argues that the district court erred in concluding that he was precluded from petitioning for postconviction relief from his petty-misdemeanor speeding offense because the Minnesota Postconviction Relief Act is available only to those convicted of crimes, which petty misdemeanors are not. We affirm. FACTS On January 11, 2010, appellant Brady Michael Alton Freeman was stopped and cited for speeding, in violation of Minn. Stat.
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