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STATE v. MAURER

No. C3-91-1994.

488 N.W.2d 834 (1992)

STATE of Minnesota, Respondent, v. Corky Joe MAURER, Appellant.

Court of Appeals of Minnesota.

Review Granted October 20, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Margaret H. Chutich, Sp. Asst. Atty. Gen., St. Paul, Thomas J. Simmons, Renville County Atty., Olivia, for respondent.

John M. Stuart, State Public Defender, Scott G. Swanson, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by PARKER, P.J., and KALITOWSKI and AMUNDSON, JJ.

OPINION

PARKER, Judge.

This appeal is from a conviction for third-degree criminal sexual conduct. Minn.Stat. § 609.344, subd. 1(c) (1990). We reverse and remand for a new trial.

FACTS

Appellant Maurer was convicted of third-degree criminal sexual conduct for an incident occurring at his mobile home in Renville County. The state alleged that Maurer, with whom the complainant, L.S., expected to get a ride home, raped her in the mobile...

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