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STATE v. GROSSMAN

No. C8-00-459.

622 N.W.2d 394 (2001)

STATE of Minnesota, Respondent, v. Jay Joseph GROSSMAN, Appellant.

Court of Appeals of Minnesota.

Review Granted April 17, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and James C. Backstrom, Dakota County Attorney, Kathryn M. Keena, Assistant County Attorney, Hastings, MN, (for respondent).

Robert D. Sicoli, Sarah M. Aho, Thompson & Sicoli, Minneapolis, MN, (for appellant).

Considered and decided by AMUNDSON, Presiding Judge, SCHUMACHER, Judge, and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge

Appellant challenges the sentence imposed for his conviction of first-degree criminal sexual conduct, arguing that the 40 year sentence based on Minn.Stat. § 609.108 (1998), Minnesota's patterned sex-offender statute, violates due process following Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because we conclude that the factfinder must make findings, under...

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