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STATE v. PETRICH

No. C9-92-441.

494 N.W.2d 298 (1992)

STATE of Minnesota, Respondent, v. Richard Edwin PETRICH, Appellant.

Court of Appeals of Minnesota.

Review Denied February 23, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, Thomas D. Hayes, Sherburne County Atty., Nancy J. Logering, Dean Emanuel, Asst. Sherburne County Attys., Elk River, for respondent.

Allan H. Caplan, Harlan Goulett, Allan Caplan & Associates, P.A., Minneapolis, for appellant.

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

OPINION

FLEMING, Judge*.

Appellant Richard Edwin Petrich was convicted of first and third degree criminal sexual conduct under Minn.Stat. §§ 609.342, subd. 1(b) and 609.344, subd. 1(b) (1990). Appellant challenges his convictions on the ground that the trial judge committed prejudicial error by instructing the jury, absent appellant and counsel, that it had to reach a unanimous verdict.

FACTS

Appellant...

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