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STATE v. O'BRIEN

No. C5-84-973.

364 N.W.2d 901 (1985)

STATE of Minnesota, Respondent, v. Richard Neal O'BRIEN, Appellant.

Court of Appeals of Minnesota.

April 2, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., James B. Early, St. Paul, Michael Milligan, Cass Co. Atty., Walker, for respondent.

C. Paul Jones, State Public Defender, Heidi Crissey, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by the court en banc, consisting of POPOVICH, C.J., and PARKER, HUSPENI, LESLIE, NIERENGARTEN, RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

Appellant Richard O'Brien was convicted of criminal sexual conduct in the first degree in violation of Minn.Stat. § 609.342(e)(i) (Supp.1983) and criminal sexual conduct in the third degree in violation of Minn.Stat. § 609.344(b) (Supp.1983). On appeal he contests the double durational departure from the presumptive sentence and the adjudication of guilt with respect to the criminal sexual conduct in the third degree conviction...

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