STATE v. WALKER

No. C2-86-1017.

393 N.W.2d 204 (1986)

STATE of Minnesota, Appellant, v. James Field WALKER, Jr., Respondent.

Court of Appeals of Minnesota.

September 16, 1986.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Steven H. Alpert, Rice Co. Atty., Faribault, for appellant.

Thomas M. Neuville, Grundhoefer & Neuville, Northfield, for respondent.

Heard, considered and decided by LANSING, P.J., and PARKER and NIERENGARTEN, JJ.


OPINION

PARKER, Judge.

James Walker was arrested for driving while under the influence. While the police were making the arrest, a scuffle occurred during which Walker discharged several shots from the arresting officer's gun. No one was injured by the gunfire. A jury trial was held and Walker was found guilty of second-degree assault. The trial court departed dispositionally from the sentencing guidelines and filed a departure report reasoning that Walker...

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