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STATE v. CERCEO

No. C9-83-609.

354 N.W.2d 823 (1984)

STATE of Minnesota, Respondent, v. Nicholas CERCEO, Appellant.

Supreme Court of Minnesota.

September 21, 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, David C. Johnson, Koochiching County Atty., International Falls, for respondent.

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

OPINION

AMDAHL, Chief Justice.

Defendant was found guilty by a district court jury of assault with a dangerous weapon, Minn.Stat. § 609.222 (1982). The presumptive sentence at the time was an executed term of 54 months in prison pursuant to section 609.11 and Minnesota Sentencing Guidelines and Commentary II.E. (1982). Defense counsel urged the trial court to sentence him without regard to section 609.11, State v. Olson, 325...

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