State v. Spaulding

WAHL, Justice.

Defendant appeals from his conviction by a Hennepin County jury of aggravated assault and felon in possession of a pistol. 1 He was sentenced to three to five years on the aggravated assault conviction. Defendant raises the following issues on appeal: (1) whether he was denied his constitutional right to due process of law when the State reinstated two charges in the complaint on retrial after the defendant successfully set aside his conviction; (2) whether the State violated Minn.Stat. § 609.035 (1978) by reinstating two charges in the complaint on retrial after the defendant…