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STATE v. RATHBUN

No. C2-83-1942.

347 N.W.2d 548 (1984)

STATE of Minnesota, Respondent, v. Brian RATHBUN, Appellant.

Court of Appeals of Minnesota.

May 8, 1984.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., Janet Newberg, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and WOZNIAK, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

On February 21, 1983, the appellant, Brian Rathbun, stabbed and slashed Kevin Buenger 23 times with a hunting knife and then left him to die in a ditch. The appellant pled guilty to second degree murder (Minn.Stat. § 609.19(1) (1982)) on September 6, 1983. The presumptive sentence under the Minnesota Sentencing Guidelines for an offender with the appellant's criminal history score of zero committing second degree murder was 116...

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