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STATE v. TROTT

Nos. CX-82-852, C5-82-922.

338 N.W.2d 248 (1983)

STATE of Minnesota, Respondent, v. Larry TROTT, Appellant.

Supreme Court of Minnesota.

September 16, 1983.

Attorney(s) appearing for the Case

Bradley G. Junkermeier, Willmar, and John E. Mack, New London, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., Richard D. Hodsdon, Asst. Attys. Gen., St. Paul, Boyd A. Beccue and Ronald H. Schneider, Willmar, for respondent.

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

KELLEY, Justice.

Defendant was charged with assault in the second degree, Minn.Stat. § 609.222 (1982) (assault with a dangerous weapon), for beating his 6-year-old stepson with a board. After entry of a plea of guilty, the defendant was sentenced by the judge to an executed term of 21 months in prison. Following the sentencing, defendant retained different counsel and moved to withdraw his guilty plea alleging (a) his original attorney

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