STATE v. SIMMONS

No. 46584.

258 N.W.2d 908 (1977)

STATE of Minnesota, Respondent, v. Michael SIMMONS, Appellant.

Supreme Court of Minnesota.

October 14, 1977.


Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, David G. Roston, Asst. Hennepin County Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, David W. Larson, and Phebe S. Haugen, Asst. County Attys., and Lee Barry, Law Clerk, Minneapolis, for respondent.

Considered and decided by the court without oral argument.


ROGOSHESKE, Justice.

This is an appeal by defendant from judgment of conviction for aggravated assault, Minn.St. 609.225, subd. 2. The sole issue raised by defendant is whether Minn.St. 609.11, subd. 1, permitted a minimum 3-year term for this offense, as the district court held. Holding that it did not, we remand for resentencing.

Defendant, pursuant to a plea agreement, pleaded guilty on October 30, 1975, to charges of having committed simple robbery on...

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