State v. Garcia

OPINION

SEDGWICK, Judge.

Appellant Steven Garcia was found guilty of criminal sexual conduct in the third degree and sentenced to 120 months, an upward departure of 23 months. Appellant argues (1) the evidence was insufficient to sustain his conviction, and (2) he was denied a fair trial by admission of character evidence and improper remarks by the prosecutor. Appellant also disputes the upward departure in his sentence.

FACTS

Lynn Underwood testified that Garcia lured her to Lyons Park in Robbinsdale and sexually assaulted her on August 9, 1984. Lynn is the older sister of Karen Underwood, who…