AURINGER v. STATE

No. A04-950.

695 N.W.2d 640 (2005)

Brian AURINGER, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

May 10, 2005.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Benjamin J. Butler, Assistant Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, MN, and Michael K. Riley, Nicollet County Attorney, Michelle M. Zehnder Fischer, St. Peter, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; TOUSSAINT, Chief Judge; and PETERSON, Judge.


OPINION

TOUSSAINT, Chief Judge.

In this appeal from an order denying a postconviction petition challenging appellant's convictions for first- and second-degree criminal sexual conduct, appellant argues that the statutory definition of sexual penetration does not include digital penetration of the victim's vagina through her clothing. Appellant also argues that the trial court committed plain error at trial in admitting an audiotape of appellant's statement...

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