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STATE v. McCLAIN

No. A11-856.

State of Minnesota, Respondent, v. Sherrod Lamont McClain, Appellant.

Court of Appeals of Minnesota.

Field May 29, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Mark A. Ostrem , Olmsted County Attorney, James P. Spencer , Assistant County Attorney, Rochester, Minnesota, for respondent.

David W. Merchant , Chief Appellate Public Defender, Jessica Merz Godes , Assistant Public Defender, St. Paul, Minnesota, for appellant.

Considered and decided by Stauber, Presiding Judge; Cleary, Judge; and Rodenberg, Judge.

UNPUBLISHED OPINION

RODENBERG, Judge.

On appeal from his conviction of first-degree assault and two counts of aiding and abetting second-degree assault following a bench trial, appellant argues that (1) his first-degree assault conviction must be reversed because the district court's sua sponte decision to convict him of this uncharged, non-included offense prejudiced his substantial rights and (2) his second-degree assault convictions must be reversed because...

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