People v. Frank

On November 18, 1985, defendant pled guilty to two charges of third-degree criminal sexual conduct and one charge of second-degree esc. He received concurrent sentences of from five to fifteen years in prison for each conviction.

On appeal, defendant raises two sentencing issues. First, defendant argues that he could have been sentenced to a "straight jail term” and that therefore a statement in the presentence report (psr) that the two third-degree esc convictions required "mandatory prison sentences” was inaccurate. Since the psr allegedly contained inaccurate information, defendant argues…