State v. Gardner

SCOTT, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree pursuant to Minn.Stat. § 609.-342(e)(i) (1980) (causing personal injury while using force or coercion to accomplish sexual penetration). The presumptive sentence for criminal sexual conduct in the first degree (severity level VIII) by a person with defendant’s criminal history score (2) is 65 (60-70) months in prison. The trial court sentenced defendant to 144 months in prison. On appeal from judgment of conviction, defendant alternatively seeks (1) an outright reversal of his…