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STATE v. CALLAHAN

No. 52096.

310 N.W.2d 550 (1981)

STATE of Minnesota, Respondent, v. Stephen P. CALLAHAN, Appellant.

Supreme Court of Minnesota.

October 2, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael McGlennen and Thomas A. Weist, Asst. County Attys., and Anne E. Peek, Minneapolis, for respondent.

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

SHERAN, Chief Justice.

Defendant was charged with two counts of criminal sexual conduct in the first degree on the basis of a single incident of sexual penetration, and was found guilty by a district court jury of the lesser-included offense of criminal sexual conduct in the third degree (sexual penetration accomplished by force or coercion). The trial court sentenced defendant to 24 months in prison. On this appeal from...

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