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STATE v. WEIBEL

No. 81-208.

314 N.W.2d 231 (1982)

STATE of Minnesota, Respondent, v. Martin L. WEIBEL, Jr., Appellant.

Supreme Court of Minnesota.

January 15, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Elizabeth B. Davies, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief Asst. Co. Atty., Appellate Section, Michael McGlennen, Thomas A. Weist, Anne E. Peek and Robert H. Lynn, Assts., 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 burglary of a dwelling and criminal sexual conduct in the first degree, Minn.Stat. §§ 609.58, subd. 2(1)(b), and 609.342(c) (1980), for unlawfully entering an apartment and sexually assaulting one of the female tenants on the morning of June 1, 1980. The trial court sentenced defendant only for the criminal sexual conduct, to a 43 month prison term, which is the presumptive sentence established...

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