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STATE v. GRIFFIN

No. C4-93-888.

510 N.W.2d 277 (1994)

STATE of Minnesota, Respondent, v. Albert Lamont GRIFFIN, Appellant.

Court of Appeals of Minnesota.

Review Granted March 15, 1994.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert M.A. Johnson, Anoka County Atty., M. Katherine Doty, Asst. County Atty., Anoka, for respondent.

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

Considered and decided by ANDERSON, C.J., and CRIPPEN and FOLEY, JJ.

OPINION

FOLEY, Judge.*

Albert Lamont Griffin was convicted of first degree assault in violation of Minn.Stat. § 609.221 (1990). On appeal, Griffin argues that the district court erred in refusing to instruct the jury on the lesser-included offense of fifth degree assault and that he was denied effective assistance of counsel at trial. We affirm.

FACTS

In May 1992, Griffin was living with the victim, his...

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