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STATE v. PICKETT

No. C2-85-987.

375 N.W.2d 105 (1985)

STATE of Minnesota, Respondent, v. Charles D. PICKETT, Appellant.

Court of Appeals of Minnesota.

Review Denied December 19, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., James H. Gaffney, Jr., Asst. Co. Atty., Minneapolis, for respondent.

Philip S. Resnick, Minneapolis, for appellant.

Heard, considered and decided by HUSPENI, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

Appellant challenges a sentence imposed upon resentencing following conviction for five acts of first degree criminal sexual conduct. The trial judge advised appellant that he intended to impose a sentence of 315 months, and appellant requested a sentencing hearing. See Minn.Stat. 244.10, subd. 1 (Supp.1983). Following the hearing, the court sentenced appellant to 331 months. We affirm, but modify the sentence to 315 months...

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