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STATE v. JONES

No. CO-82-441.

329 N.W.2d 832 (1983)

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

Supreme Court of Minnesota.

February 18, 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., Norman B. Coleman, Jr., and Jerry S. Anderson, Sp. Asst. Attys. Gen., St. Paul, David Olin, County Atty., Thief River Falls, for respondent.

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

PETERSON, 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(a) (1982) (sexual penetration of a person under age 13 by a person more than 36 months older). The trial court sentenced defendant to 43 months in prison, which is the presumptive sentence for the offense (severity level VIII) by a person with defendant's criminal history score (zero). On this appeal from judgment...

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