Gaulke v. State

Petitioner, a prisoner at the state prison, appeals from the district court’s order denying his petition for postconviction relief. We affirm.

In 1946 petitioner was convicted of second-degree robbery. Minn. St. 1945, § 619.43. Had it not been for this conviction, petitioner, when convicted in 1953 of rape, Minn. St. 1953, § 617.01, would have received a sentence of 7 to 30 years rather than 14 to 60 years because the second-offender statute then in effect, Minn. St. 1953, § 610.28 (superseded in 1963 by Minn. St. 609.155), would not have had any application. Petitioner now seeks to overturn…