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STATE v. PTACEK

No. A08-0814.

766 N.W.2d 355 (2009)

STATE of Minnesota, Respondent, v. Allan John PTACEK, Appellant.

Court of Appeals of Minnesota.

June 9, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Peter R. Marker, Assistant Attorney General, St. Paul, MN, Douglas L. Ruth, Steele County Attorney, Owatonna, MN, for respondent.

Carson J. Heefner, Samuel A. McCloud, McCloud & Heefner, Shakopee, MN, for appellant.

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

OPINION

PETERSON, Judge.

In this appeal from convictions of first-degree criminal sexual conduct in violation of Minn.Stat. § 609.342, subd. 1(b), (g) (2004), appellant argues that the district court erred by refusing to allow his expert witness to testify regarding the effects of an alcoholic blackout and by incorrectly instructing the jury on the definition of sexual penetration. We affirm.

FACTS

Appellant Allan John Ptacek is T...

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