STATE v. SVOBODA

No. C1-82-1307.

331 N.W.2d 772 (1983)

STATE of Minnesota, Respondent, v. Douglas SVOBODA, Appellant.

Supreme Court of Minnesota.

April 15, 1983.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Rick Osborne, Michael Richardson and Beverly J. Wolfe, Asst. County Attys., Minneapolis, for respondent.

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


COYNE, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree and was acquitted of a charge of simple robbery, both charges arising from the same behavioral incident. The trial court sentenced defendant to 95 months in prison, which is the presumptive sentence for the offense in question (a severity level VIII offense) by a person with defendant's criminal history score (four). On this appeal from judgment of conviction...

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