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STATE v. STAHLBERG

No. C2-84-2129.

373 N.W.2d 843 (1985)

STATE of Minnesota, Respondent, v. Tracy Burke STAHLBERG, Appellant.

Court of Appeals of Minnesota.

Review Denied October 24, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., Rebecca H. Hamblin, Law Clerk, St. Paul, John P. Dimich, Itasca Co. Atty., Grand Rapids, for respondent.

C. Paul Jones, State Public Defender, Ann Remington, Asst., Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and FOLEY and LESLIE, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

Appellant Tracy Stahlberg was convicted of attempted murder in the second degree, Minn.Stat. §§ 609.19(1) and 609.17, subd. 1 (1984). On appeal he contends the evidence was insufficient, that the trial court abused its discretion in not submitting the case to the jury immediately following the close of testimony and that the court abused its discretion in sentencing him to the presumptive sentence under the Minnesota Sentencing...

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