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STATE v. CLARK

No. C8-84-1521.

365 N.W.2d 327 (1985)

STATE of Minnesota, Respondent, v. Bernard CLARK, Appellant.

Court of Appeals of Minnesota.

Review Denied May 20, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief Appellate Div., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., SEDGWICK and NIERENGARTEN, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

Appellant Bernard Clark was convicted by a jury of two counts of criminal sexual conduct in the first degree. Minn.Stat. §§ 609.342(c) and 609.342(e)(i) (1982). The latter count was dismissed at sentencing. He claims the evidence was insufficient to sustain his conviction and that he was denied a fair trial because of improper prosecutorial references to a missing witness. We affirm.

FACTS

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