STATE v. McCOY

No. C9-01-349.

631 N.W.2d 446 (2001)

STATE of Minnesota, Respondent, v. John Ray McCOY, Appellant.

Court of Appeals of Minnesota.

July 31, 2001.


Attorney(s) appearing for the Case

John J. Muhar, Itasca County Attorney, Todd S. Webb, Assistant Itasca County Attorney, Grand Rapids, for respondent.

James Perunovich, Law Offices of James Perunovich, Hibbing, for appellant.

Considered and decided by SCHMUACHER, Presiding Judge, RANDALL, Judge and G. BARRY ANDERSON, Judge.


OPINION

R.A. RANDALL, Judge.

Appellant challenges his sentence for second-degree criminal sexual conduct. Appellant argues that his sentence under Minnesota's patterned sex offender statute, Minn.Stat. § 609.108 (1998), violated his due-process rights because it authorizes a sentence beyond the prescribed statutory maximum of 25 years for the charged offense based on findings made by the sentencing court rather than the jury. Appellant also argues that...

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