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STATE v. PRESLEY

No. C2-84-2213.

364 N.W.2d 420 (1985)

STATE of Minnesota, Respondent, v. Kamuel Mace PRESLEY, Appellant.

Court of Appeals of Minnesota.

Review Denied April 26, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas F. Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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

Considered and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ., with oral argument waived.

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

Appellant Kamuel Presley was convicted of assault in the second degree, Minn.Stat. § 609.222 (1982) for dipping a 20 month old child in hot water, causing major burns to her back and buttocks. Appellant originally claimed the child received the burns when she had been placed in a hot bath tub. He later maintained the child was burned accidentally when he spilled hot water on her while "free basing...

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