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LOFTUS v. STATE

No. C4-84-169.

357 N.W.2d 419 (1984)

Duane Douglas LOFTUS, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

November 13, 1984.

Attorney(s) appearing for the Case

Thomson & Hawkins, Charles L. Hawkins and Deborah Ellis, St. Paul, for appellant.

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Lucy Weiland, Asst. Hennepin County Atty., Minneapolis, for respondent.

Considered and decided by SEDGWICK, P.J., and HUSPENI and NIERENGARTEN, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

Appellant Duane Loftus appeals from his conviction of one count of criminal sexual conduct in the first degree for the sexual penetration of the six-year-old daughter of Loftus' fiancee. After a jury trial, Loftus was sentenced to the custody of Commissioner of Corrections for a period of 43 months. We affirm.

FACTS

On July 13, 1983, T.K. and her seven-year-old daughter S.K. spent the night at appellant Duane...

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