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STATE v. JOHNSON

No. 81-974.

327 N.W.2d 580 (1982)

STATE of Minnesota, Respondent, v. Paul C. JOHNSON, Appellant.

Supreme Court of Minnesota.

December 23, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

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

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

OTIS, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(a) (1980) (sexual penetration of a person under 13 years of age by a person who is more than 36 months older). The presumptive sentence for this offense (a severity level VIII offense) by a person with defendant's criminal history score (six or more) is 132 (124 to 140) months in prison. The trial court departed from the presumptive...

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