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STATE v. SIMON

No. C5-93-1161.

520 N.W.2d 393 (1994)

STATE of Minnesota, Respondent, v. Paul Eric SIMON, petitioner, Appellant.

Supreme Court of Minnesota.

August 12, 1994.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lyonel F. Norris, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Tom Foley, Ramsey Co. Atty., Darrell C. Hill, Asst. Ramsey Co. Atty., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

GARDEBRING, Justice.

Defendant pleaded guilty to second degree assault, Minn.Stat. § 609.222 (1992), and was sentenced by the trial court to 72 months in prison, double the presumptive sentence for the offense when committed by a person with no criminal history. The trial court based the departure on the fact that the assault resulted in the infliction of "substantial bodily harm" on the victim. The...

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