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STATE v. TIESSEN

No. 81-686.

324 N.W.2d 163 (1982)

STATE of Minnesota, Respondent, v. Edward John TIESSEN, Appellant.

Supreme Court of Minnesota.

August 31, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and Mark S. Rubin, Asst. County Atty., Duluth, for appellant.

C. Paul Jones, Public Defender, and Susan K. Maki, Asst. Public Defender, Minneapolis, for respondent.

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

SIMONETT, Justice.

Defendant was charged with assault in the first degree, Minn.Stat. § 609.221 (1980) (assault involving infliction of great bodily harm), but was found guilty by a district court jury of the lesser offense of assault in the second degree, Minn.Stat. § 609.222 (1980) (assault with a dangerous weapon). The trial court sentenced defendant to 30 months in prison, which is the presumptive sentence for this offense (severity level VI) by one...

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