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STATE v. GELHAR

No. C2-85-2352.

392 N.W.2d 609 (1986)

STATE of Minnesota, Respondent, v. Earl F. GELHAR, Jr., Appellant.

Court of Appeals of Minnesota.

Review Denied October 29, 1986.

Attorney(s) appearing for the Case

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

Elizabeth B. Davies, Conflict Atty., State Public Defender, St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and WOZNIAK and RANDALL, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

Appellant Earl Gelhar was convicted of criminal sexual conduct in the first degree, Minn.Stat. §§ 609.342(e)(ii), 609.05 (1984), and assault in the second degree, Minn. Stat. §§ 609.222, 609.05 (1984), and assault in the third degree, Minn.Stat. §§ 609.223, 609.05 (1984), and was sentenced to 65 months for the sexual assault conviction. On appeal, appellant contends (1) there was insufficient evidence...

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