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STATE v. NELSON

No. 82-27.

326 N.W.2d 917 (1982)

STATE of Minnesota, Respondent, v. Walter NELSON, Appellant.

Supreme Court of Minnesota.

December 10, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mollie G. Raskind, Asst. Public Defender, Minneapolis, for appellant.

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

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

YETKA, Justice.

Defendant was charged in district court with criminal sexual conduct in the first degree, Minn.Stat. § 609.342(e) (1980), and with the lesser included offense of criminal sexual conduct in the third degree, section 609.344(c). A district court jury acquitted defendant of the greater charge, but found him guilty of the lesser charge. The presumptive sentence for this offense (a severity level VII offense) by one with defendant's criminal history...

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