State v. McCoy

OPINION

R.A. RANDALL, Judge.

Appellant challenges his sentence for second-degree criminal sexual conduct. Appellant argues that his sentence under Minnesota’s patterned sex offender statute, Minn.Stat. § 609.108 (1998), violated his due-process rights because it authorizes a sentence beyond the prescribed statutory maximum of 25 years for the charged offense based on findings made by the sentencing court rather than the jury. Appellant also argues that, even if the statute is not unconstitutional, the sentencing court erred in finding that he is a patterned sex offender because the court (a)…