State v. Udstuen

PETERSON, Justice.

This is a child abuse case. Defendant was charged by indictment with attempted second degree intentional murder, Minn. Stat. §§ 609.17 and 609.19, subd. 1 (1982), and first degree assault, section 609.221. A district court jury found him not guilty of attempted murder but guilty of first degree assault. The presumptive sentence for the offense (a severity level VIII offense) when committed by a person with defendant’s criminal history score at the time of sentencing (zero) is an executed term of 43 (41-45) months in prison. The trial court departed durationally, sentencing…