State v. Montalvo

SIMONETT, Justice.

Defendant was convicted by a district court jury of two counts of aggravated assault in the second degree, Minn.Stat. § 609.222 (1980) (assault with a dangerous weapon). The Minnesota Sentencing Guidelines provide a presumptive term of 21 months stayed for assault in the second degree (severity level VI) by one with defendant’s criminal history score (zero). However, because a dangerous weapon was used, the two offenses were offenses carrying a mandatory prison term under Minn. Stat. § 609.11 (1980). Therefore, under II.E. of the Sentencing Guidelines the presumptive…