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STATE v. PONTE-ALFONZO

No. C8-83-83.

348 N.W.2d 734 (1984)

STATE of Minnesota, Respondent, v. Arnulfo Luis PONTE-ALFONZO, Appellant.

Supreme Court of Minnesota.

May 18, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Hennepin County Atty., Minneapolis, for respondent.

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

SIMONETT, Justice.

Defendant was found guilty by a district court jury of two counts of criminal sexual conduct in the first degree and one count of assault with a dangerous weapon, Minn. Stat. §§ 609.342(c, d) and 609.222 (1982). The trial court sentenced defendant to 43 months in prison for the first of the two counts of criminal sexual conduct in the first degree, the one based on subsection (c), involving fear of imminent great bodily harm, rather than...

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