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STATE v. CARTER

No. C2-88-194.

424 N.W.2d 821 (1988)

STATE of Minnesota, Appellant, v. Bradley Kent CARTER, Respondent.

Court of Appeals of Minnesota.

June 7, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, Wayne H. Swanson, Polk County Atty., Crookston, for appellant.

C. Paul Jones, Public Defender, Renee Bergeron, Asst. Public Defender, St. Paul, for respondent.

Heard, considered and decided by FORSBERG, P.J., and FOLEY and NORTON, JJ.

OPINION

NORTON, Judge.

The state appeals the trial court's stay of the presumptive 54 month sentence, imposed after a jury found appellant guilty of second degree assault in violation of Minn. Stat. § 609.222.

FACTS

On the evening of May 25, 1987 Dennis Schneibel was at Sharon Tinkler's house, when respondent Bradley Carter knocked on the back door and asked for Paul Larson. Tinkler told...

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