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STATE v. BROWN

No. C5-88-1890.

433 N.W.2d 433 (1988)

STATE of Minnesota, Respondent, v. Bradley Carl BROWN, Appellant.

Court of Appeals of Minnesota.

Review Denied February 22, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James A. Terwedo, Scott County Atty., Kathryn A. Santelmann, Asst. Scott County Atty., Shakopee, for respondent.

Susan Andrews, Asst. State Public Defender, St. Paul, for appellant.

Considered and decided by NIERENGARTEN, P.J., and LANSING and FLEMING, JJ., without oral argument.

OPINION

NIERENGARTEN, Judge.

This is an appeal of a sentence after conviction for second degree assault. The appellant contends his present conviction is not a "second or subsequent offense" involving the use of a firearm and claims he was improperly sentenced to a mandatory minimum five-year prison term. We reverse.

FACTS

Appellant Bradley Brown fired a weapon in a gas station while trying to recover some money which purportedly had been...

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