State v. Stumm

AMDAHL, Justice.

This is an appeal from judgment of conviction that raises only a sentencing issue. Defendant was originally charged by complaint with second-degree murder in the death of the 2-year-old son of his girl friend but that charge was dismissed and defendant was charged by indictment with third-degree felony murder. Defendant waived a jury trial and was found guilty by the trial court of the lesser offense of second-degree manslaughter, Minn.Stat. § 609.205(1) (1980) (causing death of another by culpable negligence, whereby one creates an unreasonable risk and consciously takes…