STATE v. LINDSEY

No. C5-02-195.

654 N.W.2d 718 (2002)

STATE of Minnesota, Respondent, v. Charles Edward LINDSEY, Appellant.

Court of Appeals of Minnesota.

December 27, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Doug Johnson, Washington County Attorney, John W. Fristik, Assistant County Attorney, Stillwater, MN, for respondent.

John M. Stuart, State Public Defender, Steven P. Russett, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge, SHUMAKER, Judge, and MINGE, Judge.


OPINION

MINGE, Judge

On appeal from a conviction of first-degree assault of a correctional employee, appellant argues that the trial court committed plain error by instructing the jury that the state did not need to prove that he intended to inflict great bodily harm. Appellant also argues that the court erred by imposing a 20-year sentence when the presumptive sentence was 10 years. We affirm in part and modify in part.

FACTS

A jury convicted...

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