State v. Miner

CRIST, Judge.

Defendant appeals his January 22, 1987 jury conviction for assault in the second *693degree on the ground this conviction violates his right to be free from double jeopardy. He was sentenced as a persistent offender to a prison term of ten years. We affirm.

On August 2, 1980, defendant attacked his estranged wife with a meat cleaver causing her multiple severe injuries. In 1981, defendant was convicted of first degree assault and sentenced to thirty years’ imprisonment for the assault. His defense was lack of mental state by reason of alcohol dependency. We reversed and remanded that…