STATE v. JOHNSON

No. 81-673.

322 N.W.2d 358 (1982)

STATE of Minnesota, Respondent, v. Andrew JOHNSON, Appellant.

Supreme Court of Minnesota.

July 30, 1982.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Margaret G. LaMarche, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Barbara D. Gill, Sp. Asst. Attys. Gen., St. Paul, Robert W. Kelly, County Atty., Stillwater, 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 first degree, Minn.Stat. §§ 609.05, 609.11, and 609.221 (1980), for participating in the brutal beating of a fellow inmate in an incident on September 20, 1980, at Stillwater prison, where defendant is serving a life term for first-degree murder. The trial court sentenced defendant to 76 months in prison, which is the presumptive sentence established by the Sentencing Guidelines...

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