STATE v. FEINSTEIN

No. C7-83-530.

338 N.W.2d 244 (1983)

STATE of Minnesota, Respondent, v. Claude David FEINSTEIN, Appellant.

Supreme Court of Minnesota.

September 16, 1983.


Attorney(s) appearing for the Case

Robert G. Davis, Jr., Minneapolis, for appellant.

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

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


AMDAHL, Chief Justice.

This is a sentencing appeal that raises the issue of whether Minn.Stat. § 609.346, subd. 1 (1982), mandates not only the imposition but also the execution of a 3-year minimum term in the case of a second or subsequent sex offender under sections 609.342 to 609.345. The trial court concluded that it had no choice but to execute the sentence in such a case even though the court believed that the defendant was particularly unamenable to imprisonment...

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