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STATE v. GARCIA

No. C7-85-290.

374 N.W.2d 477 (1985)

STATE of Minnesota, Respondent, v. Steven Paul GARCIA, Appellant.

Court of Appeals of Minnesota.

Review Denied November 1, 1985.

Attorney(s) appearing for the Case

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

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

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

OPINION

SEDGWICK, Judge.

Appellant Steven Garcia was found guilty of criminal sexual conduct in the third degree and sentenced to 120 months, an upward departure of 23 months. Appellant argues (1) the evidence was insufficient to sustain his conviction, and (2) he was denied a fair trial by admission of character evidence and improper remarks by the prosecutor. Appellant also disputes the upward departure in his sentence.

FACTS

Lynn Underwood...

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