¶1(concurring in part, dissenting in part).
¶2I agree that the evidence of defendant’s guilt is legally sufficient to affirm his conviction. I must respectfully dissent, however, from the decision of the majority to refuse to modify a sentence which is unfairly disparate under the circumstances of this case.
¶3The facts testified to by the victim indicate that the conduct of the co-defendant was far more egregious than that of defendant and consisted of repeated acts of criminal sexual conduct committed over a lengthy period of time and at several locations. I cannot give lip service to the sentencing guidelines provision that “[t]he exercise of constitutional rights by the defendant during the adjudication process” should not be used as a reason for departure and at the same time approve a sentence nearly twice that of a co-defendant of equal or greater culpability whose only distinguishing characteristic was that he pleaded guilty rather than going to trial.
¶4I would reduce the sentence to the 45-month presumptive sentence received by the co-defendant.