State v. Elkins

AMDAHL, Chief Justice.

This is an appeal from judgment of conviction that raises only a sentencing issue.

Defendant was found guilty by a district court jury of a charge of assault in the second degree, Minn.Stat. § 609.222 (1982) (assault with a dangerous weapon). The conviction was based on defendant’s use of a rung from a wooden chair to severely beat the 6-year-old son of the woman with whom he was living. The presumptive sentence for the offense (severity level VI) by a person with defendant’s criminal history score (five) is an executed prison term of 54 (50-58) months in prison.…