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STATE v. STAPEK

No. 81-351.

315 N.W.2d 603 (1982)

STATE of Minnesota, Respondent, v. Nicholas L. STAPEK, Appellant.

Supreme Court of Minnesota.

February 12, 1982.

Attorney(s) appearing for the Case

Mary Cade, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and Jerry Strauss, Asst. County 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 first degree under Minn.Stat. § 609.221 (1980) (assault involving infliction of great bodily harm), for the shotgun wounding of a neighbor in a dispute which was, at least in part, racially motivated. The trial court sentenced defendant to 45 months in prison, which is within the permissible range of 41-45 months established by the Sentencing Guidelines for an offense of this...

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