STATE v. AHMED

No. A09-724.

782 N.W.2d 253 (2010)

STATE of Minnesota, Respondent, v. Hussein Osman AHMED, Appellant.

Court of Appeals of Minnesota.

May 11, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, MN, for respondent.

Michael J. Colich, Tania K.M. Lex, Colich & Associates, Minneapolis, MN, for appellant.

Considered and decided by BJORKMAN, Presiding Judge; KALITOWSKI, Judge; and MINGE, Judge.


OPINION

BJORKMAN, Judge.

On appeal from his convictions of third-degree assault and second-degree criminal sexual conduct, appellant contends that (1) the district court abused its discretion in admitting the out-of-court statement of the child victim without considering the credibility of the testifying witness; (2) the state did not prove that prohibited sexual contact occurred; and (3) the jury was improperly instructed on the "particular cruelty" aggravating...

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