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STATE v. ABEYTA

No. C6-83-678.

336 N.W.2d 264 (1983)

STATE of Minnesota, Respondent, v. Tommy Wayne ABEYTA, Appellant.

Supreme Court of Minnesota.

July 15, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy King, Asst. Public Defender, U. of M., Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael Lynch, County Atty., Willmar, for respondent.

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

AMDAHL, Chief Justice.

In State v. Abeyta, 328 N.W.2d 443 (Minn.1983), we affirmed defendant's conviction of assault with a dangerous weapon, reckless discharge of a firearm, possession of a sawed-off shotgun and possession of brass knuckles, but we remanded for resentencing in light of State v. Olson, 325 N.W.2d 13 (Minn.1982), because the trial court erroneously concluded that...

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