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STATE v. McDONELL

Criminal No. 950200.

550 N.W.2d 62 (1996)

STATE of North Dakota, Plaintiff and Appellee, v. Daniel Patrick McDONELL, Defendant and Appellant.

Supreme Court of North Dakota.

May 29, 1996.

Attorney(s) appearing for the Case

Stephen R. Dawson, Assistant State's Attorney, Fargo, for plaintiff and appellee; argued by Allen K. Albright, Assistant State's Attorney.

Brian W. Nelson, Fargo, for defendant and appellant.

SANDSTROM, Justice.

Patrick McDonell entered a woman's home through a window and had sex with her. A jury found him guilty of "Gross Sexual Imposition" and "Criminal Trespass." McDonell appeals those convictions, claiming: 1) the trial court erred in not instructing the jury on a lesser included offense; 2) the trial court erred in admitting evidence of his prior conviction; and 3) he was deprived of effective assistance of counsel in violation of his constitutional...

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