State v. Stirens

GARDEBRING, Justice.

This case involves a constitutional challenge to an upward durational departure as the result of an application of the patterned sex offender statute, Minn.Stat. § 609.1352 (1990). Appellant was convicted of one count of second degree criminal sexual conduct in violation of Minn.Stat. § 609.343, subd. 1(a) (1990). Although the presumptive sentence for an offender with appellant’s criminal history score was 21 months stayed with probation, the sentencing court dispositionally 1 and durationally departed by imposing a sentence of 180 months. Under the sentence, after…