Smith v. State

AMDAHL, Chief Justice.

Petitioner was convicted in Hennepin County District Court in 1979 of two counts of criminal sexual conduct in the first degree, Minn.Stat. §§ 609.342(d) (1980) (forced or coerced sexual penetration involving use or threatened use of a dangerous weapon) and 609.342(e) (forced or coerced sexual penetration involving infliction of personal injury), and was sentenced for the count involving use of a dangerous weapon to the maximum prison term of 1 year and 1 day to 20 years. We affirmed in State v. Smith, 299 N.W.2d 504 (Minn.1980), but vacated one of the two convictions…