State v. Kutchara

AMDAHL, Chief Justice.

Defendant was found guilty by a district court jury of assault in the third degree and fleeing a police officer in a motor vehicle, Minn.Stat. §§ 609.223 and 609.487, subd. 3 (1982). The trial court sentenced defendant for the assault to 32 months in prison, which is the presumptive sentence for the assault (a severity level IV offense) when committed by a person with a criminal history score of five. On appeal defendant contends (1) that his convictions should be reversed outright because the evidence was such that the jury should have found that he acted in…