State v. Robinson

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

KEITH, Chief Justice.

In this case the court of appeals affirmed defendant’s conviction of criminal sexual conduct in the second degree for sexually abusing his 4-year-old daughter but remanded to the trial court for resentencing. State v. Robinson, 476 N.W.2d 896 (Minn.App.1991). We granted review for the limited purpose of addressing the underlying issue which led the court of appeals to remand for resentencing. In doing so, we vacate defendant’s sentence for 37 years, thereby allowing the alternative 20-year sentence imposed…