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STATE v. COLSCH

No. C1-98-138.

579 N.W.2d 482 (1998)

STATE of Minnesota, Respondent, v. Shawn Lee COLSCH, Appellant.

Court of Appeals of Minnesota.

June 2, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul, James A. Fabian, County Attorney, Douglas J. Anderson, Assistant County Attorney, Caledonia, for respondent.

David L. Schultz, Caledonia, for appellant.

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

OPINION

AMUNDSON, Judge.

Appellant Shawn Lee Colsch challenges the district court's restitution order that included noneconomic damages for the victim's pain and suffering. We reverse and remand.

FACTS

Appellant Shawn Lee Colsch was convicted of misdemeanor assault in violation of Minn.Stat. § 609.224, subd. 1 (1996). The district court found that the victim had $1,529.44 in actual out-of-pocket expenses caused by the assault, but...

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