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STATE v. FALLIN

No. C1-94-1829.

540 N.W.2d 518 (1995)

STATE of Minnesota, Respondent, v. Gregory Virgil FALLIN, Appellant.

Supreme Court of Minnesota.

December 15, 1995.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender, Lawrence Hammerling, Deputy State Public Defender, University of Minnesota, Minneapolis, for appellant.

Hubert H. Humphrey, III, Attorney General, Mary J. Theisen, Assistant Attorney General, St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

KEITH, Chief Justice.

In an unpublished decision, the court of appeals affirmed the defendant's conviction of and sentence for criminal sexual conduct in the second degree and two counts of use of minors in sexual performances. Defendant raised three issues in the court of appeals. We granted his petition for review for the limited purpose of addressing one of these issues: the prosecutor's surprise cross-examination of defendant about specific uncharged...

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