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STATE v. SPENCE

No. A06-1541.

768 N.W.2d 104 (2009)

STATE of Minnesota, Appellant, v. Paul P. SPENCE, Respondent.

Supreme Court of Minnesota.

July 16, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN; and Robert O'Connor, Jackson County Attorney, Jackson, MN, for appellant.

Lawrence Hammerling, Chief Appellate Public Defender, Benjamin J. Butler, Assistant Public Defender, St. Paul, MN, for respondent.

Elizabeth J. Richards, Minnesota Coalition for Battered Women, St. Paul, MN; Rana SA Fuller, Battered Women's Legal Advocacy Project, Minneapolis, MN; and Loretta Frederick, Battered Women's Justice Project, Minneapolis, MN, for amicus curiae Minnesota Coalition for Battered Women.

OPINION

DIETZEN, Justice.

Respondent Paul P. Spence was convicted of two counts of first-degree burglary under Minn.Stat. § 609.582, subds. 1(a), 1(c) (2008), and one count of gross misdemeanor domestic assault under Minn.Stat. § 609.2242, subd. 2 (2008), for entering a residence occupied by the victim A.S. and assaulting her. The district court imposed the presumptive sentence of 48 months for the first-degree burglary charge under Minn.Stat....

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