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STATE v. MARTINEZ

No. A04-546.

694 N.W.2d 86 (2005)

STATE of Minnesota, Respondent, v. Henry John MARTINEZ, Jr., Appellant.

Court of Appeals of Minnesota.

April 5, 2005.

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.

Joseph S. Friedberg, Minneapolis, MN; and Lisa Lodin Peralta, Minneapolis, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge, PETERSON, Judge, and CRIPPEN, Judge.

OPINION

CRIPPEN, Judge.*

Appellant John Henry Martinez, Jr. was convicted of fifth-degree criminal sexual conduct based on an incident involving his adult stepdaughter. Appellant challenges (1) the admission of two incidents of prior bad acts as overly prejudicial; (2) the admission of two statements he asserts are hearsay; and (3) a jury instruction. We affirm.

FACTS

Appellant was charged after his stepdaughter...

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