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STATE v. DIETZ

No. C0-83-384.

344 N.W.2d 386 (1984)

STATE of Minnesota, Respondent, v. David Zane DIETZ, Appellant.

Supreme Court of Minnesota.

February 17, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender by Mary C.L. Cade, Asst. State Public Defender, Minneapolis, for appellant.

Hubert Humphrey, III, Atty. Gen., St. Paul, Bruce Gross, Cottonwood County Atty., Windom, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal from judgment of conviction entered pursuant to defendant's guilty pleas to three separate counts of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(a) (1982) (sexual penetration of a child under 13 by one more than 36 months older). The sole issue on appeal is whether the trial court erred in departing from the presumptive sentence. Criminal sexual conduct in the first degree

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