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STATE v. BARBER

No. CX-84-2251.

372 N.W.2d 783 (1985)

STATE of Minnesota, Respondent, v. George E. BARBER, Appellant.

Court of Appeals of Minnesota.

Review Denied September 19, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for respondent.

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

Considered and decided by PARKER, P.J., and FOLEY and LESLIE, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Appellant George E. Barber was convicted by a jury of first degree assault, Minn. Stat. § 609.221 (1982). He was sentenced to 86 months in prison, a double departure from the presumptive sentence of 43 months. We affirm.

FACTS

On March 24, 1984, George Barber returned to the home which he shared with his fiancee, Marie Williams, and her two daughters. He was accompanied...

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