may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
Brad R. Stevens, petitioner,
State of Minnesota,
Filed April 8, 1997
Martin County District Court
File No. K892350
Brad R. Stevens, Box 55 - 147314, Stillwater, MN 55082 (Appellant Pro Se)
Hubert H. Humphrey, III, State Attorney General, Paul R. Kempainen, Assistant Attorney General, Suite 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; and
Terry W. Viesselman, Martin County Attorney, Suite 130, 923 North State Street, Fairmont, MN 56031 (for Respondent)
Considered and decided by Crippen, Presiding Judge, Lansing, Judge, and Peterson, Judge.
In these postconviction proceedings, appellant Brad Stevens seeks vacation of two sexual assault convictions on the theory that he suffered double jeopardy after imprisonment when his wages were applied in part to reimburse the state for the cost of his incarceration. We affirm the trial court's denial of appellant's petition.
The postconviction court dismissed appellant's petition to vacate his convictions, holding that he needed to bring a separate proceeding in order to challenge the constitutionality of the inmate-work statutes. The court also held that notwithstanding the improper forum, petitioner's constitutional right to be free from multiple punishments was not violated. On appeal, the state asks that the trial court's order be affirmed and that we strike several affidavits that were submitted to this court but were not part of the original trial or postconviction hearing.
Because appellant selected an improper forum in which to challenge the constitutionality of Minn. Stat. § 243.23, we reach neither the merits of his claims nor the state's question on appellant's submission of affidavits to this court.