STATE v. WHITLEY

No. A03-725.

682 N.W.2d 691 (2004)

STATE of Minnesota, Respondent, v. Dennis L. WHITLEY, Appellant.

Court of Appeals of Minnesota.

July 20, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Jean E. Burdorf, Assistant County Attorney, Minneapolis, MN, for respondent.

John M. Stuart, State Public Defender, Ann McCaughan, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge, HALBROOKS, Judge, and FORSBERG, Judge.


OPINION

KLAPHAKE, Judge.

Appellant Dennis L. Whitley seeks review of his conviction and sentence for fourth-degree criminal sexual conduct, arguing that the evidence was not sufficient to prove force or coercion, as required by Minn.Stat. § 609.345, subd. 1(c) (2002). Appellant further argues that although he waived his right to a jury trial on the criminal conviction, his due process rights were violated when the district court enhanced his sentence...

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