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STATE v. LEWIS

No. C7-01-1788.

656 N.W.2d 535 (2003)

STATE of Minnesota, Petitioner, Appellant, v. Erwin Lanell LEWIS, Respondent.

Supreme Court of Minnesota.

January 30, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, James B. Early, Assistant Attorney General, St. Paul, and Timothy R. Faver, Beltrami County Attorney, Bemidji, for State of Minnesota.

John M. Stuart, State Public Defender, Marie Wolf, Assistant State Public Defender, Minneapolis, for Erwin Lanell Lewis.

Considered and decided by the court en banc without oral argument.

OPINION

HANSON, Justice.

Respondent Erwin L. Lewis ("Lewis") was charged with one count of first-degree criminal sexual conduct. Lewis entered into a plea agreement in which he pleaded guilty to a reduced charge of second-degree criminal sexual conduct in exchange for a stayed 86 month sentence and 25 years of probation, an upward durational departure of more than four times the presumptive sentence. The court of appeals affirmed Lewis' conviction but remanded...

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