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STATE v. PERKINS

No. C5-82-1634.

353 N.W.2d 557 (1984)

STATE of Minnesota, Respondent, v. Edwin R. PERKINS, Appellant.

Supreme Court of Minnesota.

August 24, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Henn. County Atty., Vernon E. Bergstrom, Rick Osborne, Michael Richardson, Beverly Wolfe, Asst. County Attys., Minneapolis, for respondent.

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

PETERSON, Justice.

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), for threatening to kill a person with a handgun. Since this was defendant's second offense in which he used a firearm, he was subject, under section 609.11, subd. 5, to a minimum term of 5 years in prison, 5 years also being the statutory maximum under section 609.222. The trial court...

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