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STATE v. JOHNSON

Nos. CX-83-490, C8-83-1430.

342 N.W.2d 635 (1984)

STATE of Minnesota, Respondent, v. Van Douglas JOHNSON, Appellant.

Supreme Court of Minnesota.

January 20, 1984.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael Kirk, Ottertail County Atty., Fergus Falls, for respondent.

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

AMDAHL, Chief Justice.

The defendant was convicted after a jury trial on assault in the second degree, Minn. Stat. § 609.222 (1982) (assault with a dangerous weapon) and was sentenced to 54 months in prison, which was the Sentencing Guidelines equivalent of the minimum term of 3 years mandated by section 609.11.1 The issue on this appeal is whether the trial court erred in refusing to sentence defendant without regard to the mandatory...

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