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STATE v. LUGO-DIAZ

No. C6-83-51.

348 N.W.2d 79 (1984)

STATE of Minnesota, Respondent, v. Felipe LUGO-DIAZ, Appellant.

Supreme Court of Minnesota.

May 18, 1984.

Attorney(s) appearing for the Case

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

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

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

AMDAHL, Chief Justice.

Defendant was found guilty by a district court jury of making a terroristic threat against his former girlfriend and assaulting her with a dangerous weapon. Minn. Stat. §§ 609.11, 609.222 and 609.713, subd. 1 (1982). The presumptive sentence was 54 months in prison pursuant to the mandatory minimum term law. Minn.Stat. § 609.11 (1982). See Minnesota Sentencing Guidelines and Commentary, II.E. (1982). The trial court imposed...

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