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State Minnesota v. Lonnie Austin

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eBook details

  • Title: State Minnesota v. Lonnie Austin
  • Author : Supreme Court of Minnesota
  • Release Date : January 08, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Respondent Erwin L. Lewis ("Lewis") was charged with one count of first-degree criminal sexual conduct. Lewis entered into a plea agreement in which he pleaded guilty to a reduced charge of second-degree criminal sexual conduct in exchange for a stayed 86-month sentence and 25 years of probation, an upward durational departure of more than four times the presumptive sentence. The court of appeals affirmed Lewis conviction but remanded to the district court for resentencing consistent with this courts holding in State v. Misquadace, which was expressly made applicable to "pending" cases. We affirm the court of appeals conclusion that Lewis case was "pending" at the time of our decision in Misquadace but reverse the court of appeals decision to limit the remand to only the sentencing component of the plea agreement.


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