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STATE v. BLEVINS

No. A07-1397.

757 N.W.2d 698 (2008)

STATE of Minnesota, Respondent, v. Edward D. BLEVINS, Appellant.

Court of Appeals of Minnesota.

November 25, 2008.

Attorney(s) appearing for the Case

Lawrence Hammerling, Chief Appellate Public Defender, G. Tony Atwal, Assistant Public Defender, St. Paul, MN, for appellant.

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Jean E. Burdorf, Assistant County Attorney, Minneapolis, MN, for respondent.

Considered and decided by WORKE, Presiding Judge; KLAPHAKE, Judge; and PETERSON, Judge.

OPINION

PETERSON, Judge.

In this appeal from convictions of two counts of third-degree criminal sexual conduct in violation of Minn.Stat. § 609.344, subd. 1(d) (2002), appellant Edward Blevins argues that because the evidence does not prove that the complainant was unable to withhold consent or to withdraw consent, the evidence is insufficient to support the convictions. We reverse.

FACTS

On October 12, 2003, T.W. went out with her...

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