State v. Benford

ROGOSHESKE, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the second degree, Minn.Stat. § 609.343(a, c, d) (1978), 1 and aggravated assault, Minn.Stat. § 609.225, subd. 2 (1978). 2 The trial court sentenced defendant to a limited term of 1 year and 1 day to 5 years (rather than the 15-year maximum permitted by statute) for the sex conviction. The state’s evidence at trial revealed that defendant, age 24, fondled an 11-year-old girl who had run away from home and had agreed to go for an automobile ride with him. During the encounter, defendant was…