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STATE v. McMORRIS

No. C4-84-1306.

367 N.W.2d 664 (1985)

STATE of Minnesota, Respondent, v. Eligha McMORRIS, Appellant.

Court of Appeals of Minnesota.

May 14, 1985.

Attorney(s) appearing for the Case

Thomas L. Johnson, Hennepin Co. Atty., Minneapolis, Hubert H. Humphrey, III, Atty. Gen., St. Paul, for respondent.

Vance O. Bushay, Minneapolis, for appellant.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and CRIPPEN, JJ.

OPINION

NIERENGARTEN, Judge.

Appellant McMorris appeals from his conviction by a jury of assault in the second degree. We reverse and remand for a new trial.

FACTS

Appellant Eligha McMorris was convicted of assault in the second degree while using a firearm in violation of Minn.Stat. § 609.222 (1982) and assault in the third degree in violation of Minn.Stat. § 609.223 (1982). He received a 36 month sentence.

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