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BRANSON v. STATE

No. C1-85-91.

368 N.W.2d 436 (1985)

Terry Lee BRANSON, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

June 4, 1985.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Michael L. Kirk, Otter Tail County Atty., Fergus Falls, for respondent.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

SUMMARY OPINION

RANDALL, Judge.

FACTS

Appellant Terry Lee Branson pleaded guilty to criminal sexual conduct in the first degree, Minn.Stat. § 609.342(d) (1982). The trial court recited in its departure report:

The defendant broke into the victim's home on a late November evening. By use of a knife, physical attacks and threats of death, the defendant forced the compliance of the victim. The knife used in the attack was a butcher knife...

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