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STATE v. CARPENTER

No. C6-89-225.

459 N.W.2d 121 (1990)

STATE of Minnesota, Appellant, v. Philip Francis CARPENTER, Respondent.

Supreme Court of Minnesota.

August 3, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Thomas L. Johnson, Hennepin County Atty., Beverly J. Wolfe, Asst. County Atty., Minneapolis, for appellant.

Joseph S. Friedberg, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Defendant Philip Francis Carpenter was convicted by jury verdict of criminal sexual conduct in the third degree, Minn.Stat. §§ 609.344, subd. 1(b), subd. 2, and 609.101, subd. 2 (1988), in connection with the "statutory" rape of a 14-year-old girl he was counseling, through his church youth program, as a voluntary youth sponsor. The trial court, departing from the presumptive sentence, sentenced defendant to 30 months in prison. Defendant...

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