STATE v. ELKINS

No. C3-83-556.

346 N.W.2d 116 (1984)

STATE of Minnesota, Respondent, v. Kenneth D. ELKINS, Appellant.

Supreme Court of Minnesota.

March 23, 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, Atty. Gen., St. Paul, Stephen Rathke, Crow Wing County Atty., Brainerd, for respondent.

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


AMDAHL, Chief Justice.

This is an appeal from judgment of conviction that raises only a sentencing issue.

Defendant was found guilty by a district court jury of a charge of assault in the second degree, Minn.Stat. § 609.222 (1982) (assault with a dangerous weapon). The conviction was based on defendant's use of a rung from a wooden chair to severely beat the 6-year-old son of the woman with whom he was living. The presumptive sentence for the offense...

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