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STATE v. BENEDICT

No. C8-86-194.

393 N.W.2d 36 (1986)

STATE of Minnesota, Respondent, v. Todd Richard BENEDICT, Appellant.

Court of Appeals of Minnesota.

Review Granted October 29, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Rebecca Howes Hamblin, Sp. Asst. Atty. Gen., St. Paul, John C. Hoffman, Mille Lacs County Atty., Milaca, for respondent.

Jerome D. Ciresi, Jerome D. Ciresi & Assoc., St. Paul, for appellant.

Heard, considered and decided by LESLIE, P.J., and WOZNIAK and CRIPPEN, JJ.

OPINION

LESLIE, Judge.

Subsequent to appellant's conviction for three counts of criminal sexual conduct, appellant's counsel moved for a new trial or, in the alternative, a Schwartz hearing. The court denied both motions, finding insufficient evidence to support either a new trial or to compel a Schwartz hearing. We reverse.

FACTS

Appellant was charged with two counts of criminal sexual conduct in the first degree in violation...

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