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STATE v. SAXTON

No. CO-81-588.

331 N.W.2d 240 (1983)

STATE of Minnesota, Respondent, v. Stephen Tyrone SAXTON, Appellant.

Supreme Court of Minnesota.

Rehearing Denied April 20, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Margaret LaMarche, Asst. Public Defender, Jack S. Nordby, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Robert F. Carolan, County Atty., and Richard A. Enga, Asst. County Atty., Hastings, 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 two counts of criminal sexual conduct in the first degree, two counts of criminal sexual conduct in the second degree, and one count of simple robbery. The trial court sentenced defendant to 43 months in prison, which is the presumptive sentence for criminal sexual conduct in the first degree (severity level VIII) by a person with defendant's criminal history score (zero). On this appeal from...

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