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After Zuhlsdorf left, Widmer called her mother and asked her to come over. When the police arrived, they found Widmer very upset, and one officer noticed that the two telephone jacks in the living room had been disconnected. During a police interview on April 26,Zuhlsdorf said that he had called Widmer on the telephone on April 25th, but that he was not at her house and did not have sex with her on that date. At trial, Zuhlsdorf stipulated that he had sexual intercourse with Widmer on April 25th. Following a jury trial, Zuhlsdorf was convicted of third-degree criminal sexual conduct. The district court sentenced Zuhlsdorf as a patterned sex offender to a term of months, which is twice the month presumptive guidelines sentence.

Zuhlsdorf argues that his month sentence violates Apprendi v. New Jersey, U. Ctbecause the court, rather than the jury, determined ne facts relating to the finding that he is a patterned sex offender. In Apprendi, the United States Ssx Court held that any fact [other than a prior conviction] nn increases the datinng for datong crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. This datijg recently held in State v. Zuhlsdorf was convicted of criminal sexual conduct in the third degree in violation of Minn. A person convicted of this offense may be sentenced to imprisonment 562733 up to 15 years, which is months.

Zuhlsdorf next argues that the district court did eating comply with Minn. Whenever a person is convicted of a felony, the Fdee, upon motion of 562773 the londonn or the state, shall hold a sentencing hearing. The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issue of sentencing. The parties may submit written arguments to the court prior to the date of the hearing and may make oral arguments before the court at 5627 sentencing hearing. If departure from the sentencing guidelines appears appropriate, and the court has not Rencontre femme evangelique notified Free sex dating in new london mn 56273 nww or counsel for the parties that the court is considering departure, the court shall forward notification of such consideration at the time the sentencing worksheet and any presentence investigation report is forwarded.

Zuhlsdorf also argues that the requirements of Minn. Zuhlsdorf contends that because he did not receive the required notice, he had no reason to believe that he faced an upward departure. On July 24,seven weeks before the sentencing hearing, the prosecutor filed and served a motion asking the court to order an upward durational departure pursuant to Minn. Zuhlsdorf argues that the findings of the examining psychologist provided an insufficient basis for an upward departure under Minn. A court shall commit a person to the commissioner of corrections for a period of time that is not less than double the presumptive sentence under the sentencing guidelines and not more than the statutory maximum, or if the statutory maximum is less than double the presumptive sentence, for a period of time that is equal to the statutory maximum, if: The finding must be based on a professional assessment by an examiner experienced in evaluating sex offenders that concludes that the offender is a patterned sex offender.

The conclusion may not be based on testing alone. A patterned sex offender is one whose criminal sexual behavior is so engrained that the risk of reoffending is great without intensive psychotherapeu-tic intervention or other long-term controls. Zuhlsdorf first argues that the examiner did not explicitly conclude that he is a patterned sex offender. This statement indicates that the examiner concluded that Zuhlsdorf met the statutory definition of patterned sex offender. As we have already stated, the examiner concluded that Zuhlsdorf met the definition of patterned sex offender, in part because he needs long-term supervision.

But the examiner did not state how long supervision would be needed. I felt that given the criteria that he met the criteria for being a pattern offender. The examiner did what was required under the statute. He determined that there is a great risk that Zuhlsdorf will reoffend if he does not receive intensive psychotherapeutic intervention or is not controlled in some way for a long time. Then, based on this determination, the court found that Zuhlsdorf needs long-term treatment or supervision beyond the presumptive term of imprisonment and supervised release. Zuhlsdorf also argues that because the examiner testified that he probably would not have determined that Zuhlsdorf met the criteria for being a patterned sex offender if Zuhlsdorf had not denied his guilt, his sentence was increased by 68 months because he asserted his right to plead not guilty.

The McMorrow court explained:

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