STATE v. O'BRIEN

No. C5-84-973.

369 N.W.2d 525 (1985)

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

Supreme Court of Minnesota.

June 21, 1985.


Attorney(s) appearing for the Case

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

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

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


AMDAHL, Chief Justice.

The state has petitioned for review of the decision of the Court of Appeals in State v. O'Brien, 364 N.W.2d 901 (Minn.App.1985). The Court of Appeals (a) reduced the sentence of defendant for criminal sexual conduct in the first degree on the ground that the trial court did not have grounds to depart durationally and (b) vacated defendant's conviction of the included offense of criminal sexual conduct...

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