On April 12, 1985, a jury convicted appellant Carl Lee Sandberg of criminal sexual conduct in the fourth degree, Minn.Stat. § 609.345(b) (1984); Sandberg was sentenced to a term of imprisonment of 1 year and 1 day, execution stayed, probation for 5 years pursuant to certain conditions. Sandberg's conviction was affirmed by the Court of Appeals, State v. Sandberg,
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