State v. Feinstein

AMDAHL, Chief Justice.

This is a sentencing appeal that raises the issue of whether Minn.Stat. § 609.346, subd. 1 (1982), mandates not only the imposition but also the execution of a 3-year minimum term in the case of a second or subsequent sex offender under sections 609.342 to 609.-345. The trial court concluded that it had no choice but to execute the sentence in such a case even though the court believed that the defendant was particularly una-menable to imprisonment and particularly amenable to treatment in a probationary setting. See State v. Wright, 310 N.W.2d 461 (Minn.1981). However,…