State v. Yanez

OPINION

PARKER, Judge.

Juan Miguel Yanez pled guilty to first degree criminal sexual conduct in violation of Minn.Stat. § 609.342, subd. 1(c) (1990). The trial court sentenced him to an executed sentence of 150 months, an upward departure of 40 months. Yanez appeals from his sentence. We affirm.

FACTS

At approximately 9:00 p.m. on September 29, 1989, the victim, K.S., left work and walked to her car in the mall parking lot. As she did so, Yanez approached and addressed her. When she tried to shut her car door, he blocked it. He asked for her address and asked her to marry him. He then forced her…