STATE v. HYSELL

No. C8-89-470.

449 N.W.2d 741 (1990)

STATE of Minnesota, Respondent, v. Gerald Lee HYSELL, Appellant.

Court of Appeals of Minnesota.

January 2, 1990.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Ross E. Arneson, Blue Earth County Atty., Mankato, for respondent.

C. Paul Jones, State Public Defender, Bradford Colbert, Asst. State Public Defender, St. Paul, for appellant.

Considered and decided by NORTON, P.J., and SCHUMACHER and FLEMING, JJ., without oral argument.


OPINION

NORTON, Judge.

Appellant Gerald Hysell was convicted of second degree assault after he shot a 12-year-old child in the leg with a compressed air pistol. The jury found that the air pistol was a dangerous weapon for purposes of the assault statute. On appeal, Hysell challenges the sufficiency of the evidence, jury instructions, and the trial court's refusal to impose a downward sentencing departure. We affirm.

FACTS

In 1987, Gerald...

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