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STATE v. CRANDALL

No. C5-89-1186.

452 N.W.2d 708 (1990)

STATE of Minnesota, Respondent, v. James Kevin CRANDALL, Appellant.

Court of Appeals of Minnesota.

March 20, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., William T. Richardson, Asst. County Atty., Minneapolis, for respondent.

Deborah Ellis, Thomson & Ellis, Ltd., St. Paul, for appellant.

Considered and decided by FORSBERG, P.J., and LANSING and KLAPHAKE, JJ.

OPINION

LANSING, Judge.

James Crandall appeals his conviction of criminal sexual conduct in the second degree, alleging that an alternate's inadvertent presence in the jury room following submission of the case to the jury constitutes reversible error.

FACTS

James Crandall was charged in Hennepin County District Court with criminal sexual conduct in the first degree. At trial, the case was heard by 12 jurors and an alternate. Through inadvertance...

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