upholding imposition of maximum sentence of 240 months for criminal sexual conduct in the first degree, a sentence nearly 5.5 times the maximum presumptive sentence duration in that case
How later courts described this case
- upholding imposition of maximum sentence of 240 months for criminal sexual conduct in the first degree, a sentence nearly 5.5 times the maximum presumptive sentence duration in that case
- upholding a more-than-double durational departure for first-degree criminal sexual assault that included “six different acts of sexual abuse, including various types of penetration”
- the maximum sentence for criminal sexual conduct in the first degree, nearly 5.5 times the presumptive sentence, was affirmed
- taunts, threats, and degradation of victim constituted emotional abuse that distinguished offense from typical assault
Written by the judges who cited it.
The opinion
FORSBERG, Judge
(dissenting).
I join in the dissent of Judge Leslie. What is particularly bothersome in these “extraordinary” departures is the “trivializing” of the criminal history points.