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STATE v. FERDELMAN

No. C3-84-1488.

358 N.W.2d 678 (1984)

STATE of Minnesota, Respondent, v. Ronald F. FERDELMAN, Appellant.

Court of Appeals of Minnesota.

December 4, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, St. Paul, Thomas Foley, Ramsey County Atty., St. Paul, for respondent.

C. Paul Jones, State Public Defender, Mary C. Cade, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

Appellant was charged with assault in the first degree and assault in the second degree after hitting a victim with a brokenoff baseball bat and biting him in the cheek. Appellant had been driving and became angry at a van ahead of him. He stopped, got out of his car wielding a baseball bat, and attacked the driver of the van. He pleaded guilty to second degree assault and the State dismissed the first...

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