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STATE v. JUAREZ

No. A11-2189.

837 N.W.2d 473 (2013)

STATE of Minnesota, Respondent, v. Jose Santoya JUAREZ, Appellant.

Supreme Court of Minnesota.

October 2, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Matthew Frank , Assistant Attorney General, Saint Paul, Minnesota; and Jennifer Fischer , Kandiyohi County Attorney, Willmar, Minnesota, for respondent.

John E. Mack , Mack & Daby, P.A., New London, Minnesota, for appellant.

Caroline S. Palmer , Saint Paul, Minnesota, for amicus curiae Minnesota Coalition Against Sexual Assault.

OPINION

DIETZEN, Justice.

The principal issue in this case is whether Minn.Stat. § 609.3455 (2012), as applied to appellant Jose Santoya Juarez, imposes "cruel and unusual" punishment in violation of the federal constitution, or "cruel or unusual" punishment in violation of the state constitution. A grand jury indicted Juarez for attempted first-degree criminal sexual conduct, second-degree criminal sexual conduct, kidnapping, and third-degree assault...

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