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STATE v. TENHOFF

No. 81-865.

322 N.W.2d 354 (1982)

STATE of Minnesota, Respondent, v. Jerry James TENHOFF, Appellant.

Supreme Court of Minnesota.

July 30, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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

TODD, Justice.

Defendant was found guilty by a district court jury of assault in the second and third degrees, pursuant to Minn.Stat. §§ 609.222-.223 (1980) (assault with a dangerous weapon and assault involving infliction of substantial but not great bodily harm). The trial court sentenced defendant to an executed term of 34 months in prison, which is the presumptive sentence for assault in the second degree (severity level VI) by one with defendant's criminal...

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