State v. Stempfley

OPINION

CHUTICH, Justice.

A jury acquitted respondent Randall Samuel Stempfley of third- and fourth-degree criminal sexual conduct as a principal, but found him guilty of third- and fourth-degree criminal sexual conduct on an accomplice-liability theory. At sentencing, Stempfley moved for a downward dis-positional departure, arguing in part that he played a “minor or passive role”, in the crime. The district court granted Stempf-lejfs motion, stayed execution of a 140-month sentence for 15 years, and required Stempfley to comply with numerous probationary conditions. A divided panel of the…