STATE v. GUTIERREZ

No. C5-02-908.

667 N.W.2d 426 (2003)

STATE of Minnesota, Respondent, v. Paul (NMN) GUTIERREZ, Jr., Appellant.

Supreme Court of Minnesota.

August 21, 2003.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Leslie J. Rosenberg, Assistant State Public Defender, Minneapolis, for Appellant.

Mike Hatch, Attorney General, Catherine M. Keane, Assistant Attorney General, St. Paul, Craig S. Nelson, Freeborn County Attorney, Albert Lea, for Respondent.

Heard, considered, and decided by the court en banc.


OPINION

PAGE, Justice.

On May 25, 2001, appellant Paul (NMN) Gutierrez, Jr., was indicted for causing the death of 18-month-old Makaio Lynn Radke on April 20 or 21, 2001. The indictment charged Gutierrez with three counts: (1) first-degree murder while committing or attempting to commit criminal sexual conduct in the first or second degree in violation of Minn.Stat. § 609.185(2) (2002); (2) first-degree murder while committing child abuse in violation...

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