STATE v. BURNS

No. C9-94-332.

524 N.W.2d 516 (1994)

STATE of Minnesota, Respondent, v. Gary Neal BURNS, Appellant.

Court of Appeals of Minnesota.

Review Denied January 13, 1995.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Mark V. Griffin, Asst. County Atty., Minneapolis, for respondent.

John M. Stuart, State Public Defender, Marie L. Wolf, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by SHORT, P.J., and RANDALL and JONES, JJ.


OPINION

SHORT, Judge.

A jury convicted Gary Neal Burns of one count of criminal sexual conduct in the first degree in violation of Minn.Stat. § 609.342, subd. 1(h)(iii) (1992), and acquitted Burns of another criminal sexual conduct charge against a different victim. The trial court sentenced Burns to the presumptive term of forty-three months in prison. On appeal, Burns argues: (1) his prosecution was barred by the United States and Minnesota Constitutions...

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