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STATE v. REECE

No. C4-00-684.

615 N.W.2d 852 (2000)

STATE of Minnesota, Appellant, v. Keith Bernard REECE, Respondent.

Court of Appeals of Minnesota.

Review Granted August 22, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Hennepin County Attorney, Paul R. Scoggin, Assistant County Attorney, Minneapolis, MN (for appellant).

John M. Stuart, Minnesota State Public Defender, Susan K. Maki, Assistant State Public Defender, Minneapolis, MN (for respondent).

Considered and decided by SHUMAKER, Presiding Judge, SCHUMACHER, Judge, and HARTEN, Judge.

OPINION

HARTEN, Judge.

The state challenges respondent's sentence, arguing that the district court did not have discretion to overlook two of respondent's four criminal history points. We reverse and remand for resentencing.

FACTS

On October 11, 1999, a jury found respondent Keith Bernard Reece guilty of third-degree criminal sexual conduct for forcing his girlfriend's niece to engage in nonconsensual sexual penetration, a severity level...

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