State v. Andren

OPINION

POPOVICH, Chief Judge.

This is a sentencing appeal. After pleading guilty to criminal sexual conduct in the second degree, Minn.Stat. § 609.343(a) (1982), appellant received the presumptive executed sentence with an upward dura-tional departure. Appellant claims the trial court erred in refusing to depart disposi-tionally and in departing durationally. We affirm the refusal to depart dispositionally but reverse and remand for resentencing in conformity with the presumptive durational sentence.

FACTS

On January 27, 1983, appellant motioned to a seven-year-old girl to enter his house. She…