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STATE v. STUFFLEBEAN

No. 82-35.

329 N.W.2d 314 (1983)

STATE of Minnesota, Respondent, v. Wayne Allen STUFFLEBEAN, Appellant.

Supreme Court of Minnesota.

January 21, 1983.

Attorney(s) appearing for the Case

Wayne Allen Stufflebean, pro se.

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

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., and Richard D. Hodsdon, Sp. Asst. Attys. Gen., St. Paul, Ronald Schneider, County Atty., Willmar, for respondent.

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

YETKA, Justice.

This is an appeal by Wayne Allen Stufflebean from his conviction in Kandiyohi District Court of fourth-degree criminal sexual conduct, Minn.Stat. § 609.345 (1980), and attempted third-degree criminal sexual conduct, Minn.Stat. § 609.344 (1980); Minn. Stat. § 609.17 (1980). We affirm the conviction of fourth-degree sexual conduct, but vacate the conviction on the attempt charge.

Approximately 1 week prior to the October 29, 1981...

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