Legal Opinion

Averbeck v. State

Court of Appeals of Minnesota

Decided December 7, 2010No. A10-430Published

1Opinion of the Court

OPINION

CONNOLLY, Judge.

Appellant, who is subject to a statutory lifetime ban on his right to possess firearms, served and filed a petition to restore that right. He challenges the district court’s denial of his petition. We affirm.

FACTS

In 1991, appellant James Averbeck was arrested after hitting an individual in the face and breaking his nose. Appellant was charged with felony third-degree assault, a crime of violence under Minn.Stat. § 624.712, subd. 5 (2008); a jury found him guilty. He received a stay of imposition of sentence and was placed on probation for five years; he was discharged…

2Cases cited3 opinions

  1. State v. MoonSupreme Court of Minnesota · 1990
  2. Porch v. General Motors Acceptance Corp.Court of Appeals of Minnesota · 2002
  3. Peterson v. Northwest Airlines, Inc.Court of Appeals of Minnesota · 2008

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