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STATE v. GREEN

No. A06-218.

747 N.W.2d 912 (2008)

STATE of Minnesota, Respondent, v. Lanny David GREEN, Appellant.

Supreme Court of Minnesota.

May 1, 2008.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Steven P. Russett, Assistant State Public Defender, Office of the State Public Defender, St. Paul, MN, for Appellant.

Lori Swanson, Attorney General, Tibor M. Gallo, Assistant Attorney General, St. Paul, MN, Lamar T. Piper, Watonwan County Attorney, St. James, MN, for Respondent.

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

OPINION

PAGE, Justice.

In September 2004, appellant Lanny David Green was charged by complaint with second-degree criminal sexual conduct based on a claim that he had touched the genitalia of four-year-old E.Q. in early July 2004 at a picnic at Long Lake in Watonwan County. On the first day of trial, the State was permitted to amend the complaint to add a charge of first-degree criminal sexual conduct. The jury found Green guilty of both offenses, and the...

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