State v. Larkin

OPINION

WILLIS, Judge

On appeal from dismissal for lack of probable cause, the state challenges the district court’s determination that temporary loss of consciousness is not “substantial bodily harm,” an element of third-degree assault under MinmStat. § 609.223, subd. 1 (1998). Because we conclude that an individual who assaults another, causing temporary loss of consciousness, has inflicted substantial bodily harm, we reverse and remand.

FACTS

On January 12, 2000, two jailers at the Rice County jail noticed inmate Tracy Sailor trying to get their attention on a surveillance monitor. When they…