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382 N.W.2d 567

State v. Webber

Court of Appeals of Minnesota

Decided March 11, 1986

Court of Appeals of Minnesota · decided 1986-03-11

Cited by 1 later decisions — most recently June 1997

1 state decisions

Relies on State v. Van Ruler · State v. Theisen

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-11

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¶1 SUMMARY OPINION

FORSBERG, Judge.

¶2 Thomas Webber appeals from a conviction of fourth degree assault and from an order denying a motion to modify his sentence. He contends the State failed to prove beyond a reasonable doubt that he did not act in self-defense and that the trial court abused its discretion by ordering a stay of execution of sentence rather than a stay of imposition. We affirm.

¶3 ISSUES

¶4 1. Was there sufficient evidence for the jury to conclude beyond a reasonable doubt that appellant was not acting in self-defense?

¶5 2. Did the trial court abuse its discretion in denying appellant’s motion for a stay of imposition of sentence?

¶6 ANALYSIS

¶7 I.

¶8 Appellant was convicted of fourth degree assault in violation of Minn.Stat. § 609.2231:

*568 Whoever assaults a peace officer when that officer is effecting a lawful arrest or executing any other duty imposed upon him by law and inflicts demonstrable bodily harm is guilty of a felony .

¶9 Minn.Stat. § 609.2231 (1984). Appellant admitted at trial that he did assault Officer Clemens. He now contends only that the State did not present sufficient evidence to prove beyond a reasonable doubt that he did not act in self-defense.

¶10 We are convinced upon reviewing the record that there is sufficient evidence to sustain the verdict of the jury.

¶11 II.

¶12 Webber received a presumptive sentence of one year and one day, with execution stayed. Appellant argues only that the trial court abused its discretion by ordering a stay of execution rather than a stay of imposition.

¶13 This court has often stated that a sentencing court “has broad discretion and that we generally will not interfere with the exercise of that discretion.” State v. Theisen, 363 N.W.2d 867, 869 (Minn.Ct.App.1985); see State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn.Ct.App.1985). We see no compelling reason to interfere with the sentence in this case.

¶14 DECISION

¶15 There was sufficient evidence for the jury to conclude beyond a reasonable doubt that appellant was not acting in self-defense. The trial court’s choice of a stay of execution of sentence was not an abuse of discretion.

¶16 Affirmed.

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