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STATE v. DEROSIER

No. A03-1718.

719 N.W.2d 900 (2006)

STATE of Minnesota, Appellant, v. James Howard DeROSIER, Respondent.

Supreme Court of Minnesota.

Rehearing Denied August 29, 2006.

Attorney(s) appearing for the Case

Stephen V. Grigsby, Robert D. Miller, Minneapolis, MN, for Respondent.

Mike Hatch, Minnesota Attorney General, Thomas Ragatz, Saint Paul, MN, Thomas Murtha, Aitkin County Attorney, Aitkin, MN, for Appellant.

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

OPINION

HANSON, Justice.

Respondent James DeRosier was convicted of criminal sexual conduct in the first degree in violation of Minn.Stat. § 609.342, subds. 1(b), 2(a) (2000), for having sex with a victim who was 15 years old when DeRosier was 49 years old and in a position of authority over the victim. At trial, the victim testified to sexual encounters that occurred over the months of June, July, and August of 2000, but the jury simply found DeRosier...

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