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STATE v. WELLMAN

No. C4-82-1012.

341 N.W.2d 561 (1983)

STATE of Minnesota, Respondent, v. Jerry A. WELLMAN, Appellant.

Supreme Court of Minnesota.

December 9, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender by Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., James B. Early, Sp. Asst. Attys. Gen., St. Paul, Timothy Connell, Rock County Atty., Luverne, for respondent.

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

WAHL, Justice.

This is a child abuse case. Defendant was found guilty by a district court jury of three counts of assault in the third degree, Minn.Stat. § 609.223 (1982) (assault involving infliction of substantial bodily harm). The counts were based on separate assaults against the same victim on three separate occasions. The trial court sentenced defendant to consecutive terms of 1 year and 1 day for the first assault, 1 year and 1 day for the second, and...

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