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STATE v. GARDNER

No. 81-1314.

328 N.W.2d 159 (1983)

STATE of Minnesota, Respondent, v. Earl Edwin GARDNER, Appellant.

Supreme Court of Minnesota.

January 7, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Julius Gernes, County Atty., Winona, for respondent.

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

SCOTT, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree pursuant to Minn.Stat. § 609.342(e)(i) (1980) (causing personal injury while using force or coercion to accomplish sexual penetration). The presumptive sentence for criminal sexual conduct in the first degree (severity level VIII) by a person with defendant's criminal history score (2) is 65 (60-70) months in prison. The trial court sentenced defendant...

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