STATE v. HERBERG

No. 82-64.

324 N.W.2d 346 (1982)

STATE of Minnesota, Respondent, v. David M. HERBERG, Appellant.

Supreme Court of Minnesota.

September 8, 1982.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen. and Norman B. Coleman, Jr., Sp. Asst. Atty. Gen., St. Paul, Gaylord A. Saetre, Jr., County Atty., Long Prairie, Roger Van Heel, County Atty., St. Cloud, 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 sentencing issues, namely, the propriety of departure from the Guidelines presumptive sentence, scope of departure, and application of Minn. Stat. § 609.035 (1980), which forbids multiple sentencing of a defendant for multiple offenses against the same victim as part of one behavioral incident.

Defendant, who is now 39, is a compulsive sex offender who was first...

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