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STATE v. ELVIN

No. C3-91-876.

481 N.W.2d 571 (1992)

STATE of Minnesota, Respondent, v. Johnny Jefferson ELVIN, a/k/a Johnny Jefferson Williams, Appellant.

Court of Appeals of Minnesota.

Review Denied April 29, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Scott A. Hersey, Isanti County Atty., Cambridge, for respondent.

John M. Stuart, State Public Defender, Lawrence W. Pry, Asst. Public Defender, St. Paul, for appellant.

Considered and decided by NORTON, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

Appellant was convicted by a jury of first and third degree assault in violation of Minn.Stat. §§ 609.221, 609.223 (1990). Appellant received a 125 month sentence, representing a 25 percent upward durational departure from the presumptive 98 month sentence. This appeal followed.

FACTS

The victim was living at appellant's home at the time her injuries were inflicted. She told her mother, medical personnel...

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