White v. State

OPINION

FOLEY, Judge.

This appeal is from an order granting post-conviction relief to respondent Joseph White. After holding Minn.Stat. § 590.01, subd. 3 (1984) unconstitutional, the post-conviction court resentenced White, even though it was expressly unable to make the requisite statutory findings that White’s early release would not present a danger to the public and would not be incompatible with the welfare of society. Appellant State of Minnesota challenges the court’s actions and appeals pursuant to Minn.Stat. § 590.06 (1984). We reverse.

FACTS

On April 19, 1980, White kidnapped two…