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STATE v. CEPEDA

No. C4-98-1011.

588 N.W.2d 747 (1999)

STATE of Minnesota, Respondent, v. Gerald Nicolas CEPEDA, Appellant.

Court of Appeals of Minnesota.

January 26, 1999.

Attorney(s) appearing for the Case

Michael A. Hatch, Attorney General, St. Paul, MN; Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, MN (for respondent).

Steven P. Russett, Assistant State Public Defender, Minneapolis, MN (for appellant).

Considered and decided by HARTEN, Presiding Judge, SCHUMACHER, Judge, and PETERSON, Judge.

OPINION

HARTEN, Judge.

Appellant was convicted of second degree assault in violation of Minn.Stat. § 609.222, subd. 1 (1996) (assault with a dangerous weapon). He challenges his conviction on the ground that the beer bottle was not a "dangerous weapon" within the meaning of the statute and that the evidence was insufficient to show that he was the assailant.

FACTS

The facts are stipulated. Appellant Gerald Nicholas Cepeda was identified...

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