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STATE v. DANA

No. C4-87-350.

416 N.W.2d 147 (1987)

STATE of Minnesota, Respondent, v. Brian Eugene DANA, Appellant.

Court of Appeals of Minnesota.

Review Granted February 12, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Foley, Ramsey Co. Atty., Steven C. DeCoster, Asst. Co. Atty., St. Paul, for respondent.

C. Paul Jones, State Public Defender, Jonathan G. Steinberg, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by PARKER, P.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

PARKER, Judge.

A jury found appellant Brian Dana guilty of six counts of intrafamilial sexual abuse against his two sons, C.D. and T.D., under Minn. Stat. §§ 609.3641, subd. 1(2)(e); 609.3642, subd. 1(2)(e) (1984). Dana failed to appear for sentencing. Approximately one year later, Dana was arrested in Nevada and extradited to Minnesota for sentencing. The trial court sentenced Dana to two consecutive 43-month terms. Dana appeals, challenging...

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