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STATE v. McCRAY

No. A06-857.

753 N.W.2d 746 (2008)

STATE of Minnesota, Appellant, v. Charles Howard McCRAY, II, Respondent.

Supreme Court of Minnesota.

July 31, 2008.

Attorney(s) appearing for the Case

John B. Galus, Asst. Atty. General, St. Paul, Janelle Prokopec Kendall, Stearns County Atty., St. Cloud, for Appellant.

Mark D. Nyvold, St. Paul, for Respondent.

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

OPINION

ANDERSON, G. BARRY, Justice.

Respondent Charles Howard McCray II was charged with first- and second-degree criminal sexual conduct against T.C., the 7-year-old daughter of his girlfriend. But because T.C.'s trial testimony was inconsistent with her pretrial statement regarding penetration, the district court dismissed the first-degree charge. Before closing arguments, the court instructed the jury that the penetration matter had been resolved and...

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