State v. Case

OPINION

NIERENGARTEN, Judge.

The State of Minnesota appeals from the trial court’s dispositional departure from a presumptive sentence of forty-three months imprisonment on a plea of Criminal Sexual Conduct in the first degree. The court stayed execution of the sentence, placing defendant David Case on five years probation conditioned on one year in the workhouse with a furlough to treatment when appropriate. We affirm.

FACTS

On July 24, 1983, Case, while intoxicated, sexually assaulted his sixteen year old sister-in-law in his home, causing a vaginal tear requiring surgery. A sentence…