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STATE v. LATTIN

No. C2-82-540.

336 N.W.2d 270 (1983)

STATE of Minnesota, Respondent, v. Jay Garfield LATTIN, Appellant.

Supreme Court of Minnesota.

July 15, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mary E. Steenson, 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, J. Michael Richardson and Beverly J. Wolfe, Asst. County Attys., Minneapolis, for respondent.

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

TODD, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) (1982) (sexual penetration accomplished after putting victim in reasonable fear of imminent great bodily harm). The trial court sentenced defendant to an executed term of 43 months in prison, which is the presumptive sentence established by the Sentencing Guidelines for a severity level VIII offense by a person with a criminal...

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