STATE v. UDSTUEN

No. CX-82-1208.

345 N.W.2d 766 (1984)

STATE of Minnesota, Respondent, v. Jerry UDSTUEN, Appellant.

Supreme Court of Minnesota.

March 23, 1984.


Attorney(s) appearing for the Case

Douglas W. Thompson, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., Steven DeCoster, Asst. County Atty., St. Paul, for respondent.

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


PETERSON, Justice.

This is a child abuse case. Defendant was charged by indictment with attempted second degree intentional murder, Minn. Stat. §§ 609.17 and 609.19, subd. 1 (1982), and first degree assault, section 609.221. A district court jury found him not guilty of attempted murder but guilty of first degree assault. The presumptive sentence for the offense (a severity level VIII offense) when committed by a person with defendant's criminal history...

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