State v. Backus

OPINION

CRIPPEN, Judge.

This appeal is from a sentence for first-degree criminal sexual conduct. Minn.Stat. § 609.342, subds. 1(g), 3 (1990). We reverse and remand for resentencing.

FACTS

Appellant Gary Backus was charged with two counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct.

Appellant agreed to plead guilty to one count of first-degree criminal sexual conduct. The prosecutor outlined the plea agreement, which provided that appellant would plead guilty to one count, the others would be dismissed, and the prosecutor would recommend a stay of…