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STATE v. DAVIS

No. C9-95-289.

540 N.W.2d 88 (1995)

STATE of Minnesota, Respondent, v. James Robert DAVIS, Appellant.

Court of Appeals of Minnesota.

Review Denied January 31, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, Susan Gaertner, Ramsey County Attorney, and Mark N. Lystig, Assistant County Attorney, St. Paul, for Respondent.

John M. Stuart, State Public Defender and Lawrence Hammerling, Deputy State Public Defender, Minneapolis, for Appellant.

Considered and decided by LANSING, P.J., and PARKER and NORTON, JJ.

OPINION

PARKER, Judge.

The district court found James Davis guilty of second-degree assault. Davis challenges his conviction, claiming the evidence was insufficient to support it. Davis also contends that it was an abuse of the court's discretion to depart upward durationally in sentencing. We affirm.

FACTS

On June 7, 1994, three witnesses observed Davis assaulting Romanita Hopkins while he was holding his and Hopkins' child. Patricia Callahan...

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