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A San Diego appellate court ruled that...

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A San Diego appellate court ruled that former Heisman Trophy winner Johnny Rodgers should be re-sentenced for being an ex-felon in possession of a gun because an accompanying conviction was reversed.

Justices who earlier overturned Rodgers’ 1987 conviction of assault with a deadly weapon for allegedly assaulting a cable television technician with a gun--but let stand the conviction of being an ex-felon in possession of a gun--did not set a re-sentencing date, Deputy Attorney General Carl Horst said.

In modifying last month’s ruling, however, the 4th District Court of Appeal said Rodgers should be remanded to the San Diego Superior Court for re-sentencing, Horst said.

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Rodgers, who won the Heisman in 1972 while at Nebraska, was fined $1,000 and ordered to perform 100 hours of community work as a condition of three years’ probation. He remains free on bond previously posted.

Rogers was convicted of grand larceny, a felony, in 1971.

The recent case stemmed from an October 1985 incident at Rodgers’ home in National City, when he confronted a cable television technician who was disconnecting service for non-payment of fees.

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