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STATE v. WILBUR

No. C2-88-2589.

445 N.W.2d 582 (1989)

STATE of Minnesota, Respondent, v. Brian Lee WILBUR, Appellant.

Court of Appeals of Minnesota.

Review Denied October 19, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Linda K. Jenny, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Susan L.-P. Hauge, Asst. Public Defender, Minneapolis, for appellant.

Heard, considered, and decided by FOLEY, P.J., and RANDALL and SCHUMACHER, JJ.

OPINION

RANDALL, Judge.

Appellant Brian Lee Wilbur was convicted of second degree criminal sexual conduct arising from the assault of five-year-old A.L.P. Wilbur appeals from the conviction and sentence on three grounds: (1) prosecutorial misconduct, (2) sufficiency of the evidence, and (3) improper sentencing. We affirm.

FACTS

On May 2, 1988, five-year-old A.L.P. was in the care of a babysitter who lived across the hall from A.L.P.'s family...

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