State v. Grow
State v. Grow
Opinion of the Court
Defendant was convicted of second-degree unlawful sexual penetration, first-degree sexual abuse, and third-degree sexual abuse. On appeal, he seeks reversal of his convictions on the ground that the trial court erroneously admitted a school assignment paper written by one of the victims. We reject that argument without discussion. Defendant also argues that the trial court erred in imposing an excessive period of post-prison supervision. The state concedes that error and, for the reasons set forth below, we accept the state’s concession and remand for resentencing.
On the conviction for unlawful sexual penetration, the trial court sentenced defendant to a 75-month term of imprisonment and a 10-year period of post-prison supervision.
Sentences vacated; remanded for resentencing; otherwise affirmed.
The trial court “merged” the first-degree sexual abuse conviction with the conviction for unlawful sexual penetration for purposes of sentencing. On the third-degree sexual abuse conviction, the court placed defendant on probation for 36 months.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.