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STATE v. VANG

No. A03-1242.

700 N.W.2d 491 (2005)

STATE of Minnesota, Respondent, v. John VANG, Appellant.

Court of Appeals of Minnesota.

July 12, 2005.

Attorney(s) appearing for the Case

Steven V. Russett, Assistant State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN, and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge, HUDSON, Judge, and DIETZEN, Judge.

OPINION

TOUSSAINT, Chief Judge.

This appeal from a conviction of second-degree assault has been remanded from the United States Supreme Court for reconsideration in light of Smith v. Massachusetts, ___ U.S. ___, 125 S.Ct. 1129, 160 L.Ed.2d 914 (2005). Because we conclude that the reinstatement of four of the assault counts following a midtrial dismissal ruling violated appellant John Vang's protection against...

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