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STATE v. MATTESON

No. 49339.

287 N.W.2d 408 (1979)

STATE of Minnesota, Respondent, v. Gilbert Marvin MATTESON, Appellant.

Supreme Court of Minnesota.

November 16, 1979.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, App. Div., Asst. County Atty., and David W. Larson, Asst. County Atty., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

SHERAN, Chief Justice.

Defendant was found guilty by a district court jury of two counts of third-degree criminal sexual conduct, Minn.Stat. § 609.344(b) (1976) (engaging in sexual penetration with a complainant at least 13 but less than 16 years of age) and § 609.344(c) (1976) (using force or coercion to accomplish sexual penetration). The trial court sentenced defendant, on the first count only, to a maximum prison term of 10 years. On this direct appeal...

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