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STATE v. BOOKER

No. C5-82-1021.

348 N.W.2d 753 (1984)

STATE of Minnesota, Respondent, v. Jimmie E. BOOKER, II, Appellant.

Supreme Court of Minnesota.

May 25, 1984.

Attorney(s) appearing for the Case

Phillip S. Resnick, Robert G. Davis, Jr., Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief Appellate Sec., Richard Osborne, Asst. County Atty., J. Michael Richardson, Asst. County Atty., Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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

SCOTT, Justice.

Defendant was found guilty by a district court jury of kidnapping and criminal sexual conduct in the first degree, Minn.Stat. §§ 609.25, subd. 1(2) and 2(1), and 609.342(c) (1982). The trial court sentenced him to 43 months in prison for the sex offense, which is the presumptive sentence for that offense when committed by a person with defendant's criminal history score (zero). On this appeal, defendant contends (1) that his convictions should...

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