STATE v. HINES

No. C2-82-1266.

330 N.W.2d 878 (1983)

STATE of Minnesota, Respondent, v. Robert Arthur HINES, Appellant.

Supreme Court of Minnesota.

March 18, 1983.


Attorney(s) appearing for the Case

Seth R. Phillips, Newport, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Asst. County Atty., Minneapolis, for respondent.

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


AMDAHL, Chief Justice.

This is a sentencing appeal in which the defendant claims that the sentencing judge erred in denying his motion to depart from the presumptive sentence. We affirm.

Defendant, who is 56, pleaded guilty to intrafamilial sexual abuse in the first degree, Minn.Stat. § 609.3641, subd. 1(1) (1982). This offense is a severity level VIII offense. Defendant's criminal history score at the time of sentencing was zero. The presumptive sentence...

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