State v. Simmons

ROGOSHESKE, Justice.

This is an appeal by defendant from judgment of conviction for aggravated assault, Minn.St. 609.225, subd. 2. The sole issue raised by defendant is whether Minn.St. 609.11, subd. 1, permitted a minimum 3-year term for this offense, as the district court held. Holding that it did not, we remand for resentencing.

Defendant, pursuant to a plea agreement, pleaded guilty on October 30, 1975, to charges of having committed simple robbery on September 5, 1975; aggravated robbery (using a sawed-off shotgun) on September 20, 1975; and aggravated assault (using a handgun) on…