State v. Yanez

OPINION

LANSING, Judge.

This appeal is from a sentence imposed on remand in State v. Yanez, 373 N.W.2d 640 (Minn.Ct.App.1985) (Yanez I). Richard Yanez pled guilty to fourth-degree criminal sexual conduct and was sentenced to 42 months imprisonment, based on a severity level VI offense and a criminal history score of four. Yanez claims in this appeal that the trial court erred in considering a foreign conviction of DWI with injury in his criminal history score. We agree and modify his sentence based on a criminal history score of three.

FACTS

In Yanez I Richard Yanez challenged the trial court’s…