State v. O'BRIEN

AMDAHL, Chief Justice.

The state has petitioned for review of the decision of the Court of Appeals in State v. O’Brien, 364 N.W.2d 901 (Minn.App.1985). The Court of Appeals (a) reduced the sentence of defendant for criminal sexual conduct in the first degree on the ground that the trial court did not have grounds to depart durationally and (b) vacated defendant’s conviction of the included offense of criminal sexual conduct in the third degree pursuant to Minn.Stat. § 609.04 (1984). We grant the petition, affirm the vacation of defendant’s conviction of criminal sexual conduct in the third…