STATE v. FADER

No. C9-83-478.

358 N.W.2d 42 (1984)

STATE of Minnesota, Respondent, v. Roger Merlin FADER, Appellant.

Supreme Court of Minnesota.

November 2, 1984.


Attorney(s) appearing for the Case

Kenneth Meshbesher, Minneapolis, for appellant.

Michael O. Lynch, Boyde Beccue, Willmar, for respondent.

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


YETKA, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(a) (1982) (penetration of complainant under 13 by person more than 36 months older). The trial court departed dispositionally from the Sentencing Guidelines, sentencing defendant to a stayed term of 43 months in prison with probation conditioned on defendant's spending 30 days in jail, participating in a treatment...

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