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STATE v. LUBITZ

No. C8-90-2130.

472 N.W.2d 131 (1991)

STATE of Minnesota, Respondent, v. Edgar LUBITZ, petitioner, Appellant.

Supreme Court of Minnesota.

July 19, 1991.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Steven P. Russett, Asst. State Public Defender, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, and Michael Lynch, Kandiyohi County Atty., Willmar, for respondent.

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

WAHL, Justice.

The issue in this case is whether the crime of incest, Minn.Stat. § 609.365, which is not "ranked" by the Sentencing Guidelines, was properly assigned a severity level VII ranking by the trial court. The court of appeals held it was and affirmed defendant's sentence of 58 months in prison. We conclude the offense should be treated as a severity level VI offense and remand to the district court for resentencing...

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