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STATE v. DABY

No. C3-86-412.

394 N.W.2d 849 (1986)

STATE of Minnesota, Respondent, v. Bert Ernest DABY, Appellant.

Court of Appeals of Minnesota.

Review Denied December 12, 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, Michael Richardson, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Laura S. Underkuffler, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by PARKER, P.J., and LESLIE and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Bert Daby appeals from his conviction for first degree criminal sexual conduct, contending that: (1) the trial court abused its discretion by admitting evidence of his prior sexual assaults; (2) identification evidence was the product of impermissibly suggestive procedures; (3) the evidence was insufficient to support the jury's verdict; and (4) a double durational departure was not justified. We affirm.

FACTS

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