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IN RE ASHMAN

No. C8-98-2078.

608 N.W.2d 853 (2000)

In the Matter of Charles Randal ASHMAN.

Supreme Court of Minnesota.

March 16, 2000.

Attorney(s) appearing for the Case

Michael Hatch, Attorney General of Minnesota, St. Paul, Amy Klobuchar, Hennepin County Attorney, Gayle C. Hendley, Assistant Hennepin County Attorney, Minneapolis, for respondent.

William E. McGee, Fourth District Public Defender, Peter W. Gorman, Assistant Public Defender, Hennepin County Public Defender's Office, amicus curiae, Minneapolis.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

Appellant Charles Randal Ashman has a history of criminal sexual conduct beginning in 1981 and continuing in 1982 and 1985. In 1991 he was again arrested and was charged with criminal sexual conduct in the second-degree in violation of Minn. Stat. § 609.343 (1990) and criminal sexual conduct in the fourth-degree in violation of Minn.Stat. § 609.345 (1990). Because of his three previous convictions he was subject to referral...

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