State v. Petrin

OPINION

FOLEY, Judge.

This is a sentencing appeal. Appellant was convicted by a jury of burglary, assault in the second degree, and criminal sexual conduct in the first, second, and third degree. The sufficiency of the evidence supporting these convictions is not disputed.

Appellant was sentenced for the burglary and first degree criminal sexual conduct convictions. For the first degree criminal sexual conduct conviction in violation of Minn.Stat. § 609.342(d) (1982), appellant was sentenced to prison for 90 months. This is a double durational departure from the presumptive sentence of 45 months…