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STATE v. LINDAHL

No. 51481.

309 N.W.2d 763 (1981)

STATE of Minnesota, Respondent, v. Robert Michael LINDAHL, Appellant.

Supreme Court of Minnesota.

August 28, 1981.

Attorney(s) appearing for the Case

Collins, Buckley, Sauntry & Haugh, Theodore J. Collins and Thomas J. Germscheid, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, John Leitner, County Atty., Aitkin, for respondent.

C. Paul Jones, Public Defender, and Elizabeth B. Davies, Asst. Public Defender, Minneapolis, amicus curiae.

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

AMDAHL, Justice.

Defendant was found guilty by a district court jury of a charge of criminal sexual conduct in the first degree (nonconsensual penetration accomplished by force or coercion where actor causes personal injury to complainant), Minn.Stat. § 609.342(e)(i) (1978). The trial court sentenced defendant to a maximum term of 20 years in prison. On this appeal from judgment of conviction, defendant contends that his conviction should be reversed outright...

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