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STATE v. WARBORG

No. C2-86-451.

395 N.W.2d 368 (1986)

STATE of Minnesota, Respondent, v. Terry Lee WARBORG, Appellant.

Court of Appeals of Minnesota.

October 28, 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, Anne E. Peek, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for appellant.

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

OPINION

POPOVICH, Chief Judge.

Terry Warborg appeals from her convictions of first degree criminal sexual conduct and first degree intrafamilial sexual abuse contending (1) the trial court erred in admitting Spreigl evidence, (2) there was insufficient evidence to sustain the jury's verdicts, and (3) the trial court abused its discretion by not departing downward from the presumptive sentence. We affirm.

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