State v. Yanez

OPINION

SEDGWICK, Judge.

In this sentencing appeal, appellant challenges the use of three out-of-state convictions included in his criminal history score. We agree that one conviction should not have been included. We remand for resen-tencing.

FACTS

Appellant Richard Allen Yanez pleaded guilty to criminal sexual conduct in the fourth degree, Minn.Stat. § 609.345(c) (1984). He was sentenced to 42 months imprisonment based on a severity level VI offense and a criminal history score of 4. One point was assigned because he was on probation when he committed the offense and three points for felony…