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SPEARS v. STATE

No. 51438.

300 N.W.2d 173 (1980)

Frank Edward SPEARS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

December 19, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Richard D. Hodsdon, Sp. Asst. Attys. Gen., St. Paul, Russell Anderson, County Atty., Bemidji, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

In 1978 petitioner, Frank Edward Spears, was found guilty by a district court jury of a charge of aggravated assault, Minn.Stat. § 609.225, subd. 1 (1976) (assault accompanied by infliction of great bodily harm), and was sentenced by the trial court to a maximum prison term of 10 years, with the sentence to run consecutively to a previously imposed but unexecuted sentence of 7 years for a prior aggravated robbery conviction. Petitioner makes...

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