State v. Luna

YETKA, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c)-(d) (1980) (sexual penetration accomplished by (c) causing complainant to reasonably fear imminent great bodily harm or (d) use or threatened use of a dangerous weapon). The presumptive sentence for this offense, which is a severity level VIII offense, by one with defendant’s criminal history score (zero) is 43 months, with the trial court being permitted to impose a sentence of any duration from 41 to 45 months without being required to file a…