STATE v. HANSON

No. C6-98-636.

583 N.W.2d 4 (1998)

STATE of Minnesota, Appellant, v. James Dana HANSON, Respondent.

Court of Appeals of Minnesota.

Review Denied October 29, 1998.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul; and Michael O. Freeman, Hennepin County Attorney, Gayle C. Hendley, Assistant County Attorney, Minneapolis, for appellant.

William E. McGee, Chief Hennepin County Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, for respondent.

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


OPINION

HAROLD W. SCHULTZ, Judge.**

The state appeals a pretrial order dismissing an enhanced charge of felony fifth-degree assault, Minn.Stat. § 609.224, subd. 4(b) (1996), which requires two or more prior violent assault convictions within three years. Because the plain language of the statute does not require specific sequencing of prior convictions, the enhanced felony charge applies to respondent James Dana Hanson,...

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