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STATE v. BORDEN

No. C2-89-1906.

455 N.W.2d 482 (1990)

STATE of Minnesota, Respondent, v. Jeffrey Richard BORDEN, Appellant.

Court of Appeals of Minnesota.

Review Denied July 13, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Stephen C. Rathke, Crow Wing County Atty., Brainerd, for respondent.

Stephen Patrick Doyle, Doyle and Michales, Minneapolis, for appellant.

Considered and decided by FOLEY, P.J., and RANDALL and SCHULTZ, JJ.

OPINION

FOLEY, Judge.

A wet t-shirt contest conducted by appellant Jeffrey Richard Borden degenerated into a sexual performance. Two minors participated in the contest and the events that followed. Borden was charged with two counts of using minors in a sexual performance in violation of Minn.Stat. § 617.246, subd. 2 (1988).

The case was tried to a jury, which returned a verdict finding Borden guilty on both counts. Borden was sentenced and...

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