State v. Carter

OPINION

NORTON, Judge.

The state appeals the trial court’s stay of the presumptive 54 month sentence, imposed after a jury found appellant guilty of second degree assault in violation of Minn. Stat. § 609.222.

FACTS

On the evening of May 25, 1987 Dennis Schneibel was at Sharon Tinkler’s house, when respondent Bradley Carter knocked on the back door and asked for Paul Larson. Tinkler told him that Larson lived downstairs in the basement, and Carter left. Schneibel and Tinkler heard a noise that sounded like something falling down the stairs.

Carter knocked on Tinkler’s door again and yelled at her.…