State v. Morales

TODD, Justice.

Defendant was found guilty by a district court jury of three counts of criminal sexual conduct in the first degree, Minn.Stat. § 609.342 (1980) (forced penetration accomplished by putting victim in fear of imminent great bodily harm, forced penetration accomplished by use of a dangerous weapon, and forced penetration accompanied by personal injury). The trial court dismissed two of the convictions pursuant to Minn. Stat. § 609.04 (1980), since they all were based on the same act of forced penetration. Departing from the presumptive sentence of 43 (41-45 months) in prison estab…