State v. Smith

YETKA, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) (1982) (sexual penetration accomplished when victim was in reasonable fear of imminent great bodily harm). The trial court sentenced defendant to 54 months in prison, the presumptive sentence established by the Minnesota Sentencing Guidelines for the offense in question (a severity level VIII offense) by a person with defendant’s criminal history score (one). On this appeal from judgment of conviction defendant argues that the state’s evidence…