State v. Svoboda

COYNE, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree and was acquitted of a charge of simple robbery, both charges arising from the same behavioral incident. The trial court sentenced defendant to 95 months in prison, which is the presumptive sentence for the offense in question (a severity level VIII offense) by a person with defendant’s criminal history score (four). On this appeal from judgment of conviction, defendant seeks a new trial, claiming (1) that the trial court erred prejudicially in refusing to give a specific…