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DEREJE v. STATE

No. A11-1147.

812 N.W.2d 205 (2012)

Tsige Abebaw DEREJE, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

April 2, 2012.

Attorney(s) appearing for the Case

David W. Merchant , Chief Appellate Public Defender, Benjamin J. Butler , Assistant Public Defender, St. Paul, MN, for appellant.

Lori Swanson , Attorney General, St. Paul, MN; and Michael O. Freeman , Hennepin County Attorney, Linda M. Freyer , Assistant County Attorney, Minneapolis, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; STONEBURNER, Judge; and CLEARY, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Tsige Abebaw Dereje challenges his conviction of fifth-degree criminal sexual conduct, arguing that his stipulated facts trial, held pursuant to Minn. R.Crim. P. 26.01, subd. 3, was not valid, and that his right to a fair trial was denied by the ineffective assistance of his trial counsel.

We conclude that appellant's trial on stipulated facts did not conform to the express language of the rule and therefore was...

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