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STATE v. NYAGWOKA

A16-1418.

894 N.W.2d 174 (2017)

STATE of Minnesota, Respondent, v. Cyrus Nyakundi NYAGWOKA, Appellant.

Court of Appeals of Minnesota.

Filed April 3, 2017.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Michael O. Freeman , Hennepin County Attorney, Linda K. Jenny , Assistant County Attorney, Minneapolis, Minnesota, (for respondent).

Arthur R. Martinez , Matthew T. Martin , Minneapolis, Minnesota (for appellant).

Considered and decided by Kirk, Presiding Judge; Schellhas, Judge; and Bratvold, Judge.

OPINION

Appellant argues that the district court erred by sua sponte considering and convicting him of misdemeanor domestic assault as a lesser-included offense of second-degree assault. We reverse.

FACTS

Appellant Cyrus Nyagwoka was in a relationship with J.O. from 2010 until late 2014. At the end of...

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