Petitioner Tate was convicted of shooting Darnell Reed in his back and thigh, and also shooting a four-year-old child, known as J.B., in his right leg. See State v. Tate, No. A14-1339, 2016 WL 952444, at *1 (Minn. Ct. App. Mar. 14, 2016). The shooting occurred during the evening of June 25, 2013, at a residence at the intersection of 36th Street and Penn Avenue in Minneapolis.

2. Respondent State of Minnesota charged Tate in Hennepin County District Court with two counts of first-degree and one count of second-degree assault for a shooting that occurred on June 25, 2013. State v. Tate, No. A14-1339, 2016 WL 952444, at *1-2 (Minn.App. Mar. 14, 2016), rev. denied (Minn. May 31, 2016), cert. denied, 137 S.Ct. 315 (2016). Tate was convicted of the two counts of first-degree assault and was sentenced for both.

We affirmed Tate's convictions and sentences. State v. Tate, No. A14-1339 (Minn. App. Mar. 14, 2016), review denied (Minn. May 31, 2016).

The state has cited one precedential opinion and several non-precedential opinions in which similarly long sentences were imposed for first-degree assaults against young children. See State v. Petschl, 692 N.W.2d 463, 472-73 (Minn. App. 2004) (affirming 196-month sentence where defendant fractured skull of three-week-old infant), review denied (Minn. Jan. 20, 2005); see also State v. Ahmed, No. A18-0977, 2019 WL 1430689, at *5 (Minn. App. Apr. 1, 2019) (affirming 201-month sentence where defendant abused two-month-old infant, causing severe and permanent injuries), review denied (Minn. May 28, 2019); State v. Crump, No. A15-1690, 2016 WL 6826235, at *1 (Minn. App. Nov. 21, 2016) (reviewing conviction of defendant sentenced to 206 months for assaulting 15-month-old infant, causing brain damage), review denied (Minn. Feb. 14, 2017); State v. Tate, No. A14-1339, 2016 WL 952444, at *7-8 (Minn. App. Mar. 14, 2016) (affirming 206-month sentence where defendant shot four-year-old child in leg), review denied (Minn. May 31, 2016). Jiles cites opinions in which defendants were convicted of and sentenced for the crime of malicious punishment of a child causing great bodily harm, a crime she says the state could have charged in this case.

In an unpublished opinion, this court affirmed. State v. Tate, A14-1339, 2016 WL 952444 (Minn. App. Mar. 14, 2016), review denied (Minn. May 31, 2016). Throughout the direct appeal and postconviction proceeding, Tate was represented by the same appellate counsel.