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STATE v. BACKUS

No. C9-93-448.

503 N.W.2d 508 (1993)

STATE of Minnesota, Respondent, v. Gary G. BACKUS, Appellant.

Court of Appeals of Minnesota.

July 20, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, John R. Carlson, Pine County Atty., Pine City, for respondent.

John M. Stuart, Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by CRIPPEN, P.J., and KALITOWSKI and SCHULTZ, JJ.

OPINION

CRIPPEN, Judge.

This appeal is from a sentence for first-degree criminal sexual conduct. Minn.Stat. § 609.342, subds. 1(g), 3 (1990). We reverse and remand for resentencing.

FACTS

Appellant Gary Backus was charged with two counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct.

Appellant agreed to plead guilty to one count...

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