STATE v. MORSE

No. C5-83-834.

347 N.W.2d 807 (1984)

STATE of Minnesota, Respondent, v. Lester J. MORSE, Appellant.

Supreme Court of Minnesota.

April 27, 1984.


Attorney(s) appearing for the Case

William R. Kennedy, Chief Public Defender, Minneapolis, for appellant.

Thomas L. Johnson, Hennepin County Atty., Minneapolis, for respondent.

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


AMDAHL, Chief Justice.

This is a sentencing appeal. The issue is whether the sentencing court erred in interpreting the 1981 version of the so-called "decay factor" in computing defendant's criminal history score for sentencing purposes. We hold that the court erred and we therefore remand for resentencing.

Defendant, who is the appellant, was charged on July 23, 1982, with intrafamilial sexual abuse in the first degree, Minn.Stat. § 609.3641 (1982),...

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