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STATE v. DALBEC

No. A09-1876.

789 N.W.2d 508 (2010)

STATE of Minnesota, Respondent, v. Cal Charles DALBEC, Appellant.

Court of Appeals of Minnesota.

October 19, 2010.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Melanie Ford , St. Louis County Attorney, Jessica Jo Smith , Assistant County Attorney, Duluth, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Lydia M. Villalva Lijo , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge; SHUMAKER, Judge; and SCHELLHAS, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Cal Charles Dalbec challenges his conviction for gross misdemeanor domestic assault, Minn.Stat. § 609.2242, subd. 2 (2008), arguing that he was deprived of his right to a fair trial because the district court failed to instruct the jury that it must unanimously agree on the act that constituted the offense.

Because the district court did not plainly err by failing to instruct the jury on the doctrine of specific...

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