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STATE v. WIHERSKI

No. C0-91-1676.

481 N.W.2d 144 (1992)

STATE of Minnesota, Appellant, v. Jacob Joseph WIHERSKI, Respondent.

Court of Appeals of Minnesota.

Review Denied April 9, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert M.A. Johnson, Anoka County Atty., Robert D. Goodell, Asst. County Atty., Anoka, for appellant.

William Godbout, Jr., Lawrence D. Olson & Associates, Roseville, for respondent.

Considered and decided by DAVIES, P.J., and PETERSON and FOLEY, JJ.

OPINION

DAVIES, Judge.

This appeal is from a pretrial order dismissing charges of second-degree criminal sexual conduct. We reverse.

FACTS

Respondent Jacob Wiherski was charged with two counts of second-degree criminal sexual conduct for alleged sexual contact with his niece, H.M.B. The state alleges this conduct occurred in 1985 or 1986.

Wiherski moved to dismiss the complaint. He submitted...

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