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STATE v. LARKIN

No. C0-00-1153.

620 N.W.2d 335 (2001)

STATE of Minnesota, Appellant, v. Brian Edward LARKIN, Respondent.

Court of Appeals of Minnesota.

January 2, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and G. Paul Beaumaster, Rice County Attorney, Nathaniel J. Reitz, Assistant County Attorney, Rice County Courthouse, Faribault, for appellant.

Stephen R. Ecker, Faribault, for respondent.

Considered and decided by WILLIS, Presiding Judge, FORSBERG, Judge, and HOLTAN, Judge.

OPINION

WILLIS, Judge

On appeal from dismissal for lack of probable cause, the state challenges the district court's determination that temporary loss of consciousness is not "substantial bodily harm," an element of third-degree assault under Minn.Stat. § 609.223, subd. 1 (1998). Because we conclude that an individual who assaults another, causing temporary loss of consciousness, has inflicted substantial bodily harm, we reverse and remand.

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