BRODKEY, Justice.
This is the second appearance of this case in this court. In 1976, the appellant, Mike Lang, also known as Michael Lang, was tried in the District Court for Dakota County on a charge of assault with intent to inflict great bodily harm, and was found guilty by a jury. The court imposed a sentence of 5 to 8 years imprisonment, and Lang filed a direct appeal to this court. We affirmed defendant's conviction and sentence in State v. Lang,
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