STATE OF MINNESOTA

IN SUPREME COURT

A04-31

 

Vernon Neal Powers,

 

                                    Petitioner/Appellant,

 

vs.

 

State of Minnesota,

 

                                    Respondent.

 

ORDER ON REHEARING

            In an opinion filed October 14, 2004, we affirmed the denial of the petition for postconviction relief.  Our opinion included, in footnote 2, a reference to Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531, 159 L.Ed.2d 403 (2004).

            Appellant has petitioned for rehearing, suggesting that the footnote will be interpreted as deciding Blakely-related issues that were not briefed or argued because Blakely was decided after the briefs were submitted.

            Based upon all the files, records and proceedings herein,

            IT IS HEREBY ORDERED that the petition for rehearing is granted for the limited purpose of adopting appellant’s alternative request that footnote 2 be deleted from the opinion.  The opinion of October 14, 2004, is hereby amended accordingly.

            Dated:  November 19, 2004

                                                                        BY THE COURT:

                                                                            /s/                                       

 

                                                                        Sam Hanson

                                                                        Associate Justice