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STATE v. GONZALES-GUERRERO

No. C3-83-1108.

364 N.W.2d 792 (1985)

STATE of Minnesota, Respondent, v. Angel B. GONZALES-GUERRERO, Appellant.

Supreme Court of Minnesota.

March 22, 1985.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Henn. Co. Atty., Vernon E. Bergstrom, Asst. Co. Atty., Minneapolis, for respondent.

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

AMDAHL, Chief 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(e)(i) (1984) (forced sexual penetration accompanied by infliction of personal injury). Defendant was sentenced by the trial court to an executed prison term of 43 months, which is the presumptive sentence for a severity level VIII offense by a person with a criminal history score of zero. On appeal from judgment...

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