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STATE v. ABBOTT

No. C9-83-223.

356 N.W.2d 677 (1984)

STATE of Minnesota, Respondent, v. Donald James ABBOTT, Appellant.

Supreme Court of Minnesota.

October 26, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Michael F. Cromett, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, John E. Mac Gibbon, Sherburne County Atty., Richard D. Clough, Asst. County Defender, Elk River, for respondent.

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

COYNE, Justice.

Defendant was found guilty by a district court jury of a charge of felony murder (murder in the second degree), Minn.Stat. § 609.19 (1982), for the unintentional killing of William Gerald Berry in the commission of felony assault upon Berry early on June 18, 1982. The trial court sentenced defendant to an executed prison term of 135 months, which is within the presumptive sentence range of 133-147 months for a severity level X offense by a person...

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