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RUBERG v. STATE

No. C7-87-2089.

428 N.W.2d 488 (1988)

Brian Lee RUBERG, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied October 26, 1988.

Attorney(s) appearing for the Case

Marc Kurzman, Kurzman, Grant, Manahan, Bluth & Barker, Minneapolis, for Ruberg.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert M. Johnson, Anoka Co. Atty., M. Katherine Doty, Robert D. Goodell, Asst. Co. Attys., Anoka, for state.

Heard, considered, and decided by NORTON, P.J., and HUSPENI and KALITOWSKI, JJ.

OPINION

KALITOWSKI, Judge.

Appeal is taken from conviction of criminal sexual conduct in the first degree pursuant to Minn.Stat. § 609.342, subd. 1(h)(v) and the lesser included offense of criminal sexual conduct in the second degree.

FACTS

Appellant, Brian Lee Ruberg, and Cindy Gilbertson were divorced in 1977. They have two children, a son R.R. born in 1974 and a daughter Y.R. born in 1975.

Cindy remarried and moved to the...

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