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PETERSON v. STATE

No. C9-02-2287.

672 N.W.2d 612 (2003)

Walter Barton PETERSON, Jr., petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

December 30, 2003.

Attorney(s) appearing for the Case

Robert M. Christensen, Robert M. Christensen, P.L.C., Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Patrick J. Ciliberto, Scott County Attorney, Diane M. Hanson, Michael J. Groh, Assistant County Attorneys, Shakopee, MN, for respondent.

Considered and decided by SCHUMACHER, Presiding Judge; SHUMAKER, Judge; and PORITSKY, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

Appellant Walter Barton Peterson challenges his conviction of first-degree criminal sexual conduct under Minn.Stat. § 609.342, subd. 1(e)(ii) (1998) (sexual penetration with physically helpless victim resulting in personal injury), third-degree criminal sexual conduct under Minn.Stat. § 609.344, subd. 1(d) (1998) (sexual penetration with physically helpless person without personal injury), and three counts of...

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