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STATE v. JENSEN

Nos. 51872, 81-1085.

322 N.W.2d 608 (1982)

STATE of Minnesota, Respondent, v. Robert A. JENSEN, Appellant.

Supreme Court of Minnesota.

August 6, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mary E. Steenson, Asst. Public Defender, Minneapolis, for appellant.

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

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

WAHL, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) (1980) (sexual penetration accomplished when victim in reasonable fear of imminent great bodily harm). The trial court sentenced defendant to 20 years in prison with execution of sentence stayed for 5 years on condition that defendant spend up to 1 year in the workhouse and then successfully complete a treatment...

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