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STATE v. KORNEXL

No. C2-84-641.

351 N.W.2d 26 (1984)

STATE of Minnesota, Appellant, v. Kenneth E. KORNEXL, Respondent.

Court of Appeals of Minnesota.

July 3, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, Raymond F. Schmitz, Olmstead County Atty., Rochester, for appellant.

Kevin A. Lund, Rochester, for respondent.

Considered and decided by SEDGWICK, P.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

PARKER, Judge.

The State of Minnesota appeals the sentence imposed by the district court upon conviction of Kenneth Kornexl of criminal sexual conduct in the fourth degree. The trial court ruled that a prior conviction in New Hampshire of sexual assault upon a female child under 14 years of age did not constitute a prior offense such as to justify invocation of the mandatory three-year minimum sentence imposed by Minn.Stat. § 609.346 because...

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