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STATE v. SEVERSON

No. 49734.

289 N.W.2d 496 (1980)

STATE of Minnesota, Respondent, v. Gary William SEVERSON, Appellant.

Supreme Court of Minnesota.

February 15, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Ronald L. Haskvitz, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, Sonya Steven, County Atty., Grand Rapids, for respondent.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

Defendant was charged with criminal sexual conduct in the first degree, Minn.Stat. § 609.342 (1978), and was found guilty by a district court jury of the lesser-included offense of criminal sexual conduct in the third degree, Minn.Stat. § 609.344 (1978). The trial court sentenced defendant to a limited maximum term of five (instead of ten) years in prison. On this appeal from judgment of conviction, defendant contends (1) that the conviction...

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