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STATE v. ROBINSON

No. C4-91-76.

480 N.W.2d 644 (1992)

STATE of Minnesota, Respondent, v. Gary Neil ROBINSON, Petitioner, Appellant.

Supreme Court of Minnesota.

February 14, 1992.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Steven P. Russett, Asst. State Public Defender, St. Paul, for petitioner, appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Alan L. Mitchell, St. Louis County Atty., Brian D. Simonson, Asst. County Atty., Hibbing, for respondent.

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

KEITH, Chief Justice.

In this case the court of appeals affirmed defendant's conviction of criminal sexual conduct in the second degree for sexually abusing his 4-year-old daughter but remanded to the trial court for resentencing. State v. Robinson, 476 N.W.2d 896 (Minn. App.1991). We granted review for the limited purpose of addressing the underlying issue which led the court of appeals to remand for resentencing. In doing...

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