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STATE v. PARSLEY

No. C3-93-2194.

521 N.W.2d 44 (1994)

STATE of Minnesota, Respondent, v. Duane Lowell PARSLEY, Appellant.

Court of Appeals of Minnesota.

Review Granted October 27, 1994.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Robert A. Stanich, Asst. Atty. Gen., St. Paul, Daniel L. Geller, Red Lake County Atty., Red Lake Falls, for respondent.

John M. Stuart, State Public Defender, Evan W. Jones, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by HARTEN, P.J., and SCHUMACHER and SHORT, JJ.

OPINION

SCHUMACHER, Judge.

This appeal is from a judgment of conviction and sentence for first degree manslaughter. Minn.Stat. § 609.20(2) (1992) (manslaughter while committing or attempting to commit a misdemeanor). We reverse, reduce the conviction to second degree manslaughter, and remand for resentencing.

FACTS

Steven Klasen died on January 10, 1993, of a single gunshot wound to his heart and lung area. The shot was fired during...

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