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STATE v. DUDREY

No. C3-82-93.

330 N.W.2d 719 (1983)

STATE of Minnesota, Respondent, v. Charles W. DUDREY, Appellant.

Supreme Court of Minnesota.

March 11, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Margaret LaMarche, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., and Jerry S. Anderson, Sp. Asst. Attys. Gen., St. Paul, Gary Fridell, County Atty., Red Wing, for respondent.

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

KELLEY, Justice.

Defendant was charged by complaint with three counts of criminal sexual conduct in the first degree based on two separate kinds of sexual penetration of the same victim in a single-behavioral incident. Specifically, he was charged in Counts I and II with penetrating the victim's vagina with his penis in violation of Minn.Stat. §§ 609.342(b) and 609.342(e)(i) (1982). He was charged in Count III with having committed an act of cunnilingus...

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