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STATE v. DAVIS

A07-0794.

State of Minnesota, Respondent, v. Donovan L. Davis, Jr., Appellant.

Court of Appeals of Minnesota.

August 5, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, and

Janice S. Kolb, Mille Lacs County Attorney, Mille Lacs County Courthouse, Milaca, (for respondent).

Lawrence Hammerling, Chief Appellate Public Defender, Bradford S. Delapena, Special Assistant Public Defender, St. Paul, (for appellant).

Considered and decided by Peterson, Presiding Judge; Toussaint, Chief Judge; and Kalitowski, Judge.

UNPUBLISHED OPINION

TOUSSAINT, Chief Judge.

Appellant Donovan L. Davis, Jr. challenges the sufficiency of the evidence upholding his conviction of second-degree assault, arguing that the baseball bat he used to commit the assault did not constitute a "dangerous weapon" as defined by statute. Because we conclude that appellant used a "dangerous weapon" and the evidence was therefore sufficient to support his conviction of second-degree assault, we affirm...

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