State v. Cepeda

OPINION

HARTEN, Judge.

Appellant was convicted of second degree assault in violation of Minn.Stat. § 609.222, subd. 1 (1996) (assault with a dangerous weapon). He challenges his conviction on the ground that the beer bottle was not a “dangerous weapon” within the meaning of the statute and that the evidence was insufficient to show that he was the assailant.

FACTS

The facts are stipulated. Appellant Gerald Nicholas Cepeda was identified as the individual who, after exchanging insults with the victim, threw a beer bottle that hit the victim’s head and broke, leaving beer and broken glass on her…