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SMITH v. STATE

No. 82-169.

317 N.W.2d 366 (1982)

Joe Lee SMITH, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

March 26, 1982.

Attorney(s) appearing for the Case

Nicklaus & Monroe and Brian J. Peterson, Chaska, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and Vernon E. Bergstrom, Asst. County Atty., Chief Appellate Section, Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

Petitioner was convicted in Hennepin County District Court in 1979 of two counts of criminal sexual conduct in the first degree, Minn.Stat. §§ 609.342(d) (1980) (forced or coerced sexual penetration involving use or threatened use of a dangerous weapon) and 609.342(e) (forced or coerced sexual penetration involving infliction of personal injury), and was sentenced for the count involving use of a dangerous weapon to the maximum prison...

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