STATE v. DALBEC

No. A09-568.

781 N.W.2d 430 (2010)

STATE of Minnesota, Respondent, v. Daniel Brian DALBEC, Appellant.

Court of Appeals of Minnesota.

May 4, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN, and Tom Kelly, Wright County Attorney, Buffalo, MN, for respondent.

Julie Loftus Nelson, Frederic Bruno & Associates, Minneapolis, MN, for appellant.

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


OPINION

SHUMAKER, Judge.

On direct appeal from his conviction of criminal sexual conduct in the third degree, appellant argues that his attorney's failure to "appear" for final argument through the submission of a written summation after a bench trial, as agreed by the parties and approved by the district court, was ineffective assistance of counsel that, under the particular facts of this case, constituted structural error requiring reversal. We agree and...

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