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STATE v. GRIFFITH

No. C3-91-263.

480 N.W.2d 347 (1992)

STATE of Minnesota, Respondent, v. Gary Meland GRIFFITH, Sr., Appellant.

Court of Appeals of Minnesota.

Review Denied March 19, 1992.

Attorney(s) appearing for the Case

Deborah K. Ellis, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Robert M.A. Johnson, Anoka County Atty., Barbara Harrington, Marcy S. Crain, Asst. County Attys., Anoka, for respondent.

Considered and decided by SHORT, P.J., and SCHUMACHER and KLAPHAKE, JJ.

OPINION

SCHUMACHER, Judge.

A jury found appellant guilty of two counts of criminal sexual assault in the third degree and one count of criminal sexual assault in the fourth degree. Appellant was sentenced on one of the third-degree counts. The sentencing judge departed upward durationally from the presumptive sentence of 48 months executed to a sentence of 72 months executed. Appellant alleges the evidence was insufficient to support the convictions, the...

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