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STATE v. HOLMES

No. A07-1445.

778 N.W.2d 336 (2010)

STATE of Minnesota, Respondent, v. Nosakhere HOLMES, Appellant.

Supreme Court of Minnesota.

February 25, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant Hennepin County Attorney, Minneapolis, MN, for respondent.

Nosakhere Holmes, Bayport, MN, pro se.

Considered and decided by the court without oral argument.

OPINION

DIETZEN, Justice.

Appellant Nosakhere Holmes was convicted of aiding and abetting first-degree burglary with assault and aiding and abetting third-degree assault and was sentenced for both offenses. Holmes challenged the conviction and sentence for third-degree assault, arguing that Minn. Stat. § 609.582, subd. 1(c) (2008), incorporates assault into this first-degree burglary offense, and therefore the assault is not "any other crime" within...

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