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STATE v. MONTALVO

No. 81-1082.

324 N.W.2d 650 (1982)

STATE of Minnesota, Respondent, v. Reynaldo MONTALVO, Appellant.

Supreme Court of Minnesota.

October 1, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Mary E. Steenson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Richard Osborne, Asst. County Atty., Minneapolis, for respondent.

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

SIMONETT, Justice.

Defendant was convicted by a district court jury of two counts of aggravated assault in the second degree, Minn.Stat. § 609.222 (1980) (assault with a dangerous weapon). The Minnesota Sentencing Guidelines provide a presumptive term of 21 months stayed for assault in the second degree (severity level VI) by one with defendant's criminal history score (zero). However, because a dangerous weapon was used, the two offenses were offenses carrying...

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