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STATE v. MARTINEZ

No. 82-12.

319 N.W.2d 699 (1982)

STATE of Minnesota, Respondent, v. Daniel Anthony MARTINEZ, Appellant.

Supreme Court of Minnesota.

May 19, 1982.

Attorney(s) appearing for the Case

Joseph Kaminsky, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Tom Foley, County Atty., Sherry A. Bakken and Steven C. DeCoster, Asst. County Attys., St. Paul, for respondent.

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

AMDAHL, Chief Justice.

This is a sentencing appeal. Defendant pled guilty in district court to criminal sexual conduct in the first degree, Minn.Stat. § 609.342(d) (1980). The presumptive sentence for an offense of this severity level (VIII) when committed by a person such as defendant with a criminal history score of zero1 is 43 months in prison, with the trial court being permitted to impose a term of anywhere from 41 to 45 months...

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