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STATE v. STAFFORD

No. C3-83-1075.

340 N.W.2d 669 (1983)

STATE of Minnesota, Appellant, v. Bennie Uranus STAFFORD, Respondent.

Supreme Court of Minnesota.

December 2, 1983.

Attorney(s) appearing for the Case

William E. Falvey, Ramsey County Public Defender, Cynthia Daly, Asst. Public Defender, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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

AMDAHL, Chief Justice.

This is a pretrial appeal by the state from an order of the district court granting the motion of defendant, who is charged with felony assault in the third degree, Minn.Stat. § 609.223 (1982) (assault inflicting "substantial bodily harm"), to plead guilty to the lesser included misdemeanor offense of assault in the fifth degree (assault inflicting "bodily harm").1 The issue on appeal is whether the trial court...

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