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STATE v. KITTO

No. C3-83-1299.

373 N.W.2d 307 (1985)

STATE of Minnesota, Respondent, v. Howard Roy KITTO, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 23, 1985.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender, Michael F. Cromett, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael Richardson, Asst. County Atty., Minneapolis, for respondent.

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

WAHL, Justice.

Defendant was charged in district court with burglary, Minn.Stat. § 609.58, subd. 2(1)(b) (1982) (amended in 1983 and recodified at Minn.Stat. § 609.582 [1984]) (burglary of dwelling accompanied by sexual assault upon a person therein), and with criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) (1984) (forced sexual penetration of complainant who reasonably fears imminent great bodily harm). A district court jury found...

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