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STATE v. FREMGEN

Court of Appeals Nos. A-4909, A-4939.

889 P.2d 1083 (1995)

STATE of Alaska, Petitioner and Cross-Respondent, v. Michael FREMGEN, Respondent and Cross-Petitioner.

Court of Appeals of Alaska.

Hearing Granted April 4, 1995.

Attorney(s) appearing for the Case

Eric A. Johnson, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for petitioner and cross-respondent.

Mauri Long and Ray R. Brown, Dillon & Findley, P.C., Anchorage, for respondent and cross-petitioner.

Before BRYNER, C.J., and COATS and MANNHEIMER, JJ.

OPINION

COATS, Judge.

The state indicted Michael Fremgen for six counts of sexual abuse of a minor in the first degree for engaging in sexual penetration with S.M., a female under thirteen years of age.1 Fremgen filed a motion with the court in which he contended that Alaska Statute 11.41.445(b) was unconstitutional to the extent that it prohibited him from defending against the charge of sexual abuse of a minor in the...

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