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STATE v. OWENS

No. 51234.

304 N.W.2d 916 (1981)

STATE of Minnesota, Respondent, v. Earl Leon OWENS, Appellant.

Supreme Court of Minnesota, En Banc.

May 1, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert J. Streitz, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., St. Paul, Larry Mickelberg, County Atty., Moorhead, for respondent.

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

TODD, Justice.

Defendant was found guilty by a district court jury of burglary and three counts of criminal sexual conduct for his conduct in breaking into an apartment and raping the woman who resided therein. The district court adjudicated defendant guilty only of the burglary and one count of criminal sexual conduct in the first degree, Minn.Stat. §§ 609.58, subd. 2(1)(b), and 609.342(c) (1980), and sentenced defendant on those

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