State v. Vazquez

*111PETERSON, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(d) (1982), for participating with friends of his in the gang rape of an 18-year-old woman. The trial court sentenced defendant to an executed prison term of 86 months, which is two times the 43 (41-45) month presumptive sentence established by the Minnesota Sentencing Guidelines for criminal sexual conduct in the first degree (a severity level VIII offense) by one with defendant’s criminal history score (zero). On his appeal from judgment of…