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STATE v. KELLEY

No. A06-408.

734 N.W.2d 689 (2007)

STATE of Minnesota, Respondent, v. Robert Andrew Lee KELLEY, Appellant.

Court of Appeals of Minnesota.

June 26, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, MN, for respondent.

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

Considered and decided by MINGE, Presiding Judge; WRIGHT, Judge; and COLLINS, Judge.

OPINION

COLLINS, Judge.*

Appellant Robert Andrew Lee Kelley challenges his felony assault-in-the-fourth-degree conviction under Minn.Stat. § 609.2231, subd. 1 (2004), for spitting at a police officer, arguing that an independent physical assault is also required in order to constitute a felony offense. We affirm.

FACTS

On March 18, 2005, a police officer transported appellant Robert Andrew Lee Kelley and...

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