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STATE v. FOREMAN

No. C5-03-160.

680 N.W.2d 536 (2004)

STATE of Minnesota, Respondent, v. James FOREMAN, Appellant.

Supreme Court of Minnesota.

June 10, 2004.

Attorney(s) appearing for the Case

Lower Court Judge: Hon. Daniel H. Mabley.

John M. Stuart, State Public Defender, Michael F. Cromett, Assistant Public Defender, Minneapolis, MN, for Relator/Appellant.

Mike Hatch, Minnesota Attorney General, St. Paul, MN, Linda M. Freyer, Hennepin County Attorney Office, Minneapolis, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

Appellant James Foreman (Foreman) was convicted of assault in the second degree for pointing a rifle at his wife B.A.F. during an argument. The district court sentenced him to 90 months in prison. Foreman appealed his conviction and sentencing to the court of appeals. The court of appeals affirmed the conviction, but remanded for resentencing. The issues before us are whether there was sufficient evidence to convict Foreman of assault...

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