State v. Elvin

OPINION

RANDALL, Judge.

Appellant was convicted by a jury of first and third degree assault in violation of Minn.Stat. §§ 609.221, 609.223 (1990). Appellant received a 125 month sentence, representing a 25 percent upward durational departure from the presumptive 98 month sentence. This appeal followed.

PACTS

The victim was living at appellant’s home at the time her injuries were inflicted. She told her mother, medical personnel, and the police that appellant had beaten her. At trial, she testified appellant had kneed her repeatedly in the abdomen. She stated that after appellant stopped, she…