State v. Martinez

AMDAHL, Chief Justice.

This is a sentencing appeal. Defendant pled guilty in district court to criminal sexual conduct in the first degree, Minn.Stat. § 609.342(d) (1980). The presumptive sentence for an offense of this severity level (VIII) when committed by a person such as defendant with a criminal history score of zero1 is 43 months in prison, with the trial court being permitted to impose a term of anywhere from 41 to 45 months without being required to justify it. The trial court imposed a sentence of 150 months in prison.2 <■

In State v. Evans, 311 N.W.2d 481 (Minn.1981), we held that in…