State v. Perkins

PETERSON, Justice.

Defendant was found guilty by a district court jury of a charge of assault in the second degree, Minn.Stat. § 609.222 (1982) (assault with a dangerous weapon), for threatening to kill a person with a handgun. Since this was defendant’s second offense in which he used a firearm, he was subject, under section 609.11, subd. 5, to a minimum term of 5 years in prison, 5 years also being the statutory maximum under section 609.222. The trial court sentenced defendant to 5 years in prison. The court stated that since the statutory maximum was 5 years, it could not impose the…