State v. Abeyta

AMDAHL, Chief Justice.

In State v. Abeyta, 328 N.W.2d 443 (Minn.1983), we affirmed defendant’s conviction of assault with a dangerous weapon, reckless discharge of a firearm, possession of a sawed-off shotgun and possession of brass knuckles, but we remanded for resen-tencing in light of State v. Olson, 325 N.W.2d 13 (Minn.1982), because the trial court erroneously concluded that it had no choice under Minn.Stat. § 609.11 (1982) but to sentence defendant to a minimum of 3 years in prison (which translated into a 54-month Guidelines sentence) for the assault conviction. On remand a hearing was…