State v. Barner

ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that (a) the petition of the State of Minnesota for further review of the decision of the Court of Appeals be, and the same is, granted; (b) the unpublished decision of the court of appeals vacating defendant’s conviction of assault in the first degree, Minn.Stat. § 609.221, and remanding to the trial court for resentencing on the lesser offense of assault with a dangerous weapon be, and the same is, reversed; and (c) the defendant’s conviction of assault in the first degree be, and the same is, reinstated. The…