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STATE v. MILLER

No. C1-84-1974.

374 N.W.2d 529 (1985)

STATE of Minnesota, Respondent, v. Lawrence Burton MILLER, Appellant.

Court of Appeals of Minnesota.

September 24, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., St. Paul, Charles A. Diemer, Dakota Co. Atty., Hastings, for respondent.

Harvey N. Jones, Hastings, for appellant.

Heard, considered and decided by CRIPPEN, P.J., and SEDGWICK and NIERENGARTEN, JJ.

OPINION

SEDGWICK, Judge.

This appeal is from a jury verdict of guilty to four counts of criminal sexual conduct, and denial of a motion for a new trial. We affirm the verdict on the first three counts, vacate the guilty verdict on Count IV and remand for sentencing.

FACTS

Appellant Lawrence Burton Miller first met Christine in the fall of 1981 and first had intercourse with her in Bloomington on February 26, 1982. At that time, Miller was...

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