State v. Stafford

AMDAHL, Chief Justice.

This is a pretrial appeal by the state from an order of the district court granting the motion of defendant, who is charged with felony assault in the third degree, Minn.Stat. § 609.223 (1982) (assault inflicting “substantial bodily harm”), to plead guilty to the lesser included misdemeanor offense of assault in the fifth degree (assault inflicting “bodily harm”). 1 The issue on appeal is whether the trial court erred in concluding that the state, in opposing the motion, failed to demonstrate, as required by State v. Carriere, 290 N.W.2d 618, 620 (Minn.1980), that there…