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STATE v. NORTON

No. 82-444.

328 N.W.2d 142 (1982)

STATE of Minnesota, Respondent, v. Clyde Rae NORTON, Appellant.

Supreme Court of Minnesota.

December 30, 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., St. Paul, Thomas L. Johnson, County Atty., and Vernon E. Bergstrom, Chief, Appellate Div., Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

This is a criminal appeal from judgment of conviction which raises only one issue, whether there were severe aggravating circumstances present justifying a durational departure of greater than two times the presumptive sentence established by the Minnesota Sentencing Guidelines. We hold that there were severe aggravating circumstances present, and we affirm the sentence.

On September 25, 1981, a 5-year-old Minneapolis girl was playing...

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