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STATE v. HAMILTON

No. C7-84-280.

348 N.W.2d 112 (1984)

STATE of Minnesota, Respondent, v. Thomas Hardin HAMILTON, Appellant.

Court of Appeals of Minnesota.

Review Denied July 26, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert F. Carolan, Dakota County Atty., Mark Nathan Lystig, Asst. County Atty., Hastings, for respondent.

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

OPINION

SEDGWICK, Judge.

This is a sentencing appeal. Pursuant to a plea negotiation defendant pled guilty to second degree criminal sexual assault and was sentenced to the presumptive sentence of 90 months. He appeals from an order denying a reduction of his sentence to 60 months pursuant to Minn.Stat. § 244.09, subd. 11 (Supp.1983). We affirm.

FACTS

Defendant, 41, was convicted of raping his 17-year-old stepdaughter. The conviction...

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