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MARTINEZ v. STATE

No. C6-83-700.

353 N.W.2d 135 (1984)

Juan Armes MARTINEZ, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 24, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Elizabeth B. Davies, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Henn. County Atty., Vernon E. Bergstrom, Richard Osborne, J. Michael Richardson, Beverly Wolfe, Asst. County Attys., Minneapolis, for respondent.

Considered and decided by the court without oral argument.

KELLEY, Justice.

Defendant and an accomplice were charged with assault in the first degree, Minn.Stat. § 609.221 (1982), by a complaint alleging that early on September 15, 1981, they participated with an unknown third party in intentionally and without provocation stabbing the victim in the abdomen, causing great bodily harm. Defendant waived his right to a trial by jury and was found guilty as charged by the trial court, who sentenced him to 43 months in prison...

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