STATE v. GLARATON
425 N.W.2d 831 (1988)
STATE of Minnesota, Petitioner, Appellant,
Eugene Paul GLARATON, Jr., Respondent.
Supreme Court of Minnesota.
July 15, 1988.
|[ 425 N.W.2d 833 ]|
the victim's house the victim's mother was backing out the driveway. She observed the respondent and assumed that he was a new acquaintance of her son from school; she did not see that respondent had a gun inside his jacket pointed at the victim. The victim, who was too frightened to tell her what was happening, simply said "Hi" to her as she drove away. The victim was then forced to walk to an area approximately 2 feet wide between two nearby garages. There, with the gun pointed at the victim's head, respondent made the victim fondle his penis. Then he compelled the victim to drop his pants and forced him to spit on and lick respondent's penis. Then he forced the victim to submit to anal intercourse for 10 to 15 minutes. The victim felt that respondent ejaculated. Respondent also touched the victim's penis with his hand and with his mouth. While the victim was standing, respondent banged his head against the garage, after which respondent made the victim lie down and he lay on top of the victim. The barrel of the gun was inserted in both the victim's mouth and in his rectum. Respondent hit him in the nose and stomach with the gun, licked some of the victim's blood (which he said tasted "good"), and walked and bounced on the victim's back. Respondent asked the victim if he was a Christian (apparently because the victim had some religious materials on his person) and, when the victim said yes, respondent said, "I hate Jesus," and made the victim get on his knees and, saying, "Here, Christian," urinated on the victim's face. Respondent departed only after making the victim lie with his face in the urine and telling him to count to 50.
|[ 425 N.W.2d 834 ]|
was excessively harsh. Glaraton. In a concurring opinion Judge Huspeni agreed with the majority decision to remand for resentencing but she disagreed with the conclusion that the 240-month sentence was excessive. Glaraton.
|[ 425 N.W.2d 835 ]|
or patterned sex offender, and, therefore, it held the trial court had erred in failing to give weight to those perceived differences. We conclude that a distinction based on those perceived differences, in the light of the record, is unjustified. We note that its conclusion ignores that part of the report from doctors at the St. Peter State Hospital which states, in part, that "(defendant) is a very dangerous individual, likely to assault others in the future if left to his own devices." Moreover, the mere fact that respondent's criminal history score was one, whereas Herberg's was two, is not the sort of distinction that compels the conclusion that the trial court had to impose a lesser sentence than imposed on Herberg. Cf. State v. Vazquez,330 N.W.2d 110 (Minn.1983).