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STATE v. BETTIN

No. 50143.

295 N.W.2d 542 (1980)

STATE of Minnesota, Respondent, v. Willard Neils BETTIN, Appellant.

Supreme Court of Minnesota.

July 3, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Phebe S. Haugen, Sp. Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Robert F. Carolan, County Atty., and Mark Nathan Lystig, Asst. County Atty., Hastings, for respondent.

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

KELLY, Justice.

Defendant was acquitted by a district court jury of two counts of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) & (e)(i) (1978) but was found guilty of a lesser-included offense of criminal sexual conduct in the third degree, Minn.Stat. § 609.344(c) (1978) (penetration accomplished by use of force or coercion). The trial court sentenced defendant to a maximum indeterminate prison term of 10 years. On this appeal...

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