STATE v. FORTMAN

No. C4-90-2576.

474 N.W.2d 401 (1991)

STATE of Minnesota, Respondent, v. Larry Lew FORTMAN, Appellant.

Court of Appeals of Minnesota.

August 27, 1991.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, James T. Reuter, Chisago County Atty., Center City, for respondent.

John M. Stuart, State Public Defender, Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by WOZNIAK, C.J., and AMUNDSON and SCHULTZ, JJ.


OPINION

WOZNIAK, Chief Judge.

Appellant Larry Lew Fortman challenges his convictions for second degree assault and terroristic threats in violation of Minn. Stat. §§ 609.222 and 609.713, subd. 1 (1990) respectively. Fortman claims the trial court erred by refusing to give a voluntary intoxication instruction for the second degree assault charge and improperly imposed consecutive sentences. We affirm in part, vacate in part and remand.

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