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STATE v. WRIGHTINGTON

No. 81-897.

323 N.W.2d 793 (1982)

STATE of Minnesota, Respondent, v. James E. WRIGHTINGTON, Appellant.

Supreme Court of Minnesota.

August 31, 1982.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Div., Thomas A. Weist, Richard Osborne, and Jerry Strauss, Asst. County Attys., Beverly J. Wolfe, Minneapolis, for respondent.

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

SCOTT, Justice.

Defendant was found guilty by a district court jury of two counts of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(a) (1980)1 based on two separate acts on separate days of sexual penetration of the 12-year-old daughter of the woman with whom he was living. Under the sentencing matrix and section II.F. of the Minnesota Sentencing Guidelines, the presumptive sentence for these offenses (both severity...

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