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State v. Aspelund2/24/2004
tterson, 511 N.W.2d 476, 478 (Minn. App. 1994) (affirming double upward durational departure from the presumptive sentence for second-degree criminal sexual conduct where the defendant placed his arm on the victim's neck and struggled to pin her down), review denied (Minn. Mar. 31, 1994); State v. Dooley, 380 N.W.2d 582, 586 (Minn. App. 1986) (affirming presumptive sentence for second-degree criminal sexual conduct where defendant threw victim against a wall, pinned her down, and hit her in the jaw), review denied (Minn. Mar. 27, 1986); see also State v. Morales, 324 N.W.2d 374, 376-77 (Minn. 1982) (affirming double upward durational departure from the presumptive sentence for first-degree criminal sexual conduct where the defendant grabbed the victim by the throat, slapped her face, and pinned her down). Thus, we reject Aspelund's claim that his 66-month sentence, which is a 24-month downward durational departure from the presumptive sentence, unduly exaggerates the criminality of his conduct.
Affirmed.
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