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STATE v. MONTANARI

No. C1-86-1395.

404 N.W.2d 394 (1987)

STATE of Minnesota, Respondent, v. Bart MONTANARI, Appellant.

Court of Appeals of Minnesota.

April 28, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Edward P. Starr, Jr., City Atty., Nancy Magnuson, Asst. City Atty., St. Paul, for respondent.

John E. Daubney, St. Paul, for appellant.

Heard, considered and decided by FORSBERG, P.J., and RANDALL and STONE, JJ.

OPINION

FORSBERG, Judge.

Bart Montanari appeals from his conviction for assault in the fifth degree, Minn. Stat. § 609.224 (1985). Appellant was issued a criminal citation charging him with simple assault on December 2, 1985. Appellant was found guilty by the court, sitting without a jury. We affirm.

FACTS

At approximately 6 p.m. on December 2, 1985, Dennis Faust was driving his truck northbound on White Bear Avenue with his brother...

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