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STATE v. SMITH

No. 50990.

299 N.W.2d 504 (1980)

STATE of Minnesota, Respondent, v. Joe Lee SMITH, Appellant.

Supreme Court of Minnesota.

November 28, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Susan A. Gray, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty. and Gail S. Baez, Asst. County Atty., Minneapolis, for respondent.

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

SHERAN, Chief Justice.

Defendant was found guilty by a district court jury of two different counts of criminal sexual conduct in the first degree, one under subsection (d) and one under subsection (e) of Minn.Stat. § 609.342 (1978), for the same act. The trial court sentenced defendant to a maximum prison term of 1 year and 1 day to 20 years for the offense under subsection (d). Issues raised by defendant on his appeal from judgment of conviction are: (1) whether...

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