State v. Herberg

AMDAHL, Chief Justice.

This is a criminal appeal from judgment of conviction which raises only sentencing issues, namely, the propriety of departure from the Guidelines presumptive sentence, scope of departure, and application of Minn. Stat. § 609.035 (1980), which forbids multiple sentencing of a defendant for multiple offenses against the same victim as part of one behavioral incident.

Defendant, who is now 39, is a compulsive sex offender who was first convicted in 1973 in Douglas County of attempted aggravated rape of a 15-year-old female. After failing in treatment, defendant was sentenced…