State v. Berg

SIMONETT, Justice.

Defendant was found guilty by a district court jury of a charge of assault in the third degree, Minn.Stat. § 609.223 (1980) (assault involving infliction of substantial bodily harm). The presumptive sentence for this offense (a severity level IV offense) by one with defendant’s criminal history score (zero) is 1 year and 1 day stayed. The trial court sentenced defendant to 1 year and 1 day with execution stayed and ordered defendant to serve 3 years’ probation, the first 6 months in jail. On this appeal from judgment of conviction defendant contends that his conviction…