Court of Appeals of Minnesota May 14, 1985, No. C4-84-1306 (State v. McMorris)

OPINION

NIERENGARTEN, Judge.

Appellant MeMorris appeals from his conviction by a jury of assault in the second degree. We reverse and remand for a new trial.

FACTS

Appellant Eligha MeMorris was convicted of assault in the second degree while using a firearm in violation of Minn.Stat. § 609.222 (1982) and assault in the third degree in violation of Minn.Stat. § 609.223 (1982).