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State v. McLemore

Supreme Court of Minnesota
Jul 27, 1984
351 N.W.2d 927 (Minn. 1984)

Summary

concluding that sentences did not violate section 609.035 when "[t]he charges were based on [McLemore] having sexual contact with a 7-year-old girl on three separate occasions during a weekend"

Summary of this case from State v. Beaulieu

Opinion

No. C3-83-296.

July 27, 1984.

Appeal from the District Court, Hennepin County, William S. Posten, J.

C. Paul Jones, Public Defender, Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Richard Osborne, J. Michael Richardson, Beverly J. Wolfe, Asst. County Attys., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


Defendant was found guilty by a district court jury of three counts of criminal sexual conduct in the second degree, Minn.Stat. § 609.343 (1982). The charges were based on his having sexual contact with a 7-year-old girl on three separate occasions during a weekend when she was a guest in the residence that he shared with his girlfriend and her two children. The trial court used the Hernandez method in computing defendant's criminal history score, see State v. Hernandez, 311 N.W.2d 478 (Minn. 1981), and Minnesota Sentencing Guidelines and Commentary II.B.101 (1982), which gave defendant criminal history scores of two for the first offense sentenced, three for the second, and four for the third. This resulted in concurrent sentences of 30 months stayed, 34 months executed, and 44 months executed. Rejecting defendant's contentions on appeal, we hold (a) that the evidence of defendant's guilt, which was strongly corroborated by evidence of similar sexual misconduct against other girls, was sufficient; (b) that the trial court did not err in refusing to permit defense counsel to cross-examine the mother of one of the victims about her having been sexually abused when she was a child; and (c) that the trial court, in sentencing defendant as it did, did not violate Minn.Stat. § 609.035 (1982) or the Hernandez rule of computing a defendant's criminal history score for sentencing purposes. See State v. Moore, 340 N.W.2d 671 (Minn. 1983).

Affirmed.


Summaries of

State v. McLemore

Supreme Court of Minnesota
Jul 27, 1984
351 N.W.2d 927 (Minn. 1984)

concluding that sentences did not violate section 609.035 when "[t]he charges were based on [McLemore] having sexual contact with a 7-year-old girl on three separate occasions during a weekend"

Summary of this case from State v. Beaulieu

upholding multiple sentences for multiple sexual assaults of one victim over a weekend

Summary of this case from State v. Barthman

upholding concurrent sentences for convictions of three counts of criminal sexual conduct based on three contacts with the same victim over a weekend

Summary of this case from State v. Johnson

upholding concurrent sentences for convictions of three counts of criminal sexual conduct based on three contacts with the same victim over a weekend

Summary of this case from State v. Lange

affirming sentencing of defendant convicted of three counts of second-degree criminal sexual conduct for three contacts over a weekend period

Summary of this case from State v. Campbell

rejecting single-behavioral-incident argument and affirming sentence for three separate counts of criminal sexual conduct for three separate contacts during one weekend

Summary of this case from State v. Suhon

permitting multiple sentencing of defendant for three acts of sexual contact with victim occurring on three occasions during single weekend

Summary of this case from State v. Rosillo
Case details for

State v. McLemore

Case Details

Full title:STATE of Minnesota, Respondent, v. George W. McLEMORE, III, Appellant

Court:Supreme Court of Minnesota

Date published: Jul 27, 1984

Citations

351 N.W.2d 927 (Minn. 1984)

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