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STATE v. YANEZ

No. C4-90-2609.

469 N.W.2d 452 (1991)

STATE of Minnesota, Respondent, v. Juan Miguel YANEZ, Appellant.

Court of Appeals of Minnesota.

Review Denied June 19, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Boyd Beccue, Kandiyohi County Atty., John Kallestad, Asst. County Atty., Willmar, for respondent.

John M. Stuart, State Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by PETERSON, P.J., and PARKER and FOLEY, JJ.

OPINION

PARKER, Judge.

Juan Miguel Yanez pled guilty to first degree criminal sexual conduct in violation of Minn.Stat. § 609.342, subd. 1(c) (1990). The trial court sentenced him to an executed sentence of 150 months, an upward departure of 40 months. Yanez appeals from his sentence. We affirm.

FACTS

At approximately 9:00 p.m. on September 29, 1989, the victim, K.S., left work and walked to her car in the mall parking lot. As she...

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