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STATE v. ZERNECHEL

No. 51765.

304 N.W.2d 365 (1981)

STATE of Minnesota, Respondent, v. Donald F. ZERNECHEL, Appellant.

Supreme Court of Minnesota.

April 17, 1981.

Attorney(s) appearing for the Case

Blethen, Gage, Krause, Blethen, Corcoran, Berkland & Peterson, Mankato, for appellant.

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

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

TODD, Justice.

Defendant was charged with burglary, attempted criminal sexual conduct in the first degree, and criminal sexual conduct in the second degree, Minn.Stat. §§ 609.58, subd. 2(1)(b), 609.17, subd. 4, 609.342(c), 609.343(c) (1980), for allegedly entering a dwelling without consent of the female tenant and for having sexual contact with her and for attempting to sexually penetrate her after causing her to have a reasonable fear of imminent great...

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