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STATE v. BENFORD

No. 49599.

289 N.W.2d 498 (1980)

STATE of Minnesota, Respondent, v. Harold James BENFORD, Appellant.

Supreme Court of Minnesota.

February 22, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Robert D. Goodell, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, David W. Larson, and Thomas A. Weist and Janeen E. Rosas, Asst. County Attys., Minneapolis, for respondent.

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

ROGOSHESKE, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the second degree, Minn.Stat. § 609.343(a, c, d) (1978),1 and aggravated assault, Minn.Stat. § 609.225, subd. 2 (1978).2 The trial court sentenced defendant to a limited term of 1 year and 1 day to 5 years (rather than the 15-year maximum permitted by statute) for the sex conviction. The state's...

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