State v. Saharath

OPINION

POPOVICH, Chief Judge.

Appellant Oudom Saharath pleaded guilty to assault in the first degree in violation of Minn.Stat. § 609.221 (1982). He was sentenced to 60 months in prison, a 17 month upward departure from the presumptive sentence of 43 months. We affirm, but modify the sentence to conform to the Sentencing Guidelines.

FACTS

Explaining his plea, appellant, a 41-year-old Laotian refugee, stated he was employed at the Campbell’s Soup Company in Worthington, Minnesota. He had a fight with a 65-year-old Vietamese employee named Tran Quam Van at work and was dismissed from his job.

The…