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STATE v. AUSTIN

No. A09-1819.

788 N.W.2d 788 (2010)

STATE of Minnesota, Respondent, v. James Jean AUSTIN, Appellant.

Court of Appeals of Minnesota.

September 28, 2010.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Kelly O'Neill Moller , Assistant Attorney General, St. Paul, MN; and Mark A. Ostrem , Olmsted County Attorney, Rochester, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Davi E. Axelson , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge; WRIGHT, Judge; and MUEHLBERG, Judge.

OPINION

TOUSSAINT, Chief Judge.

Appellant James Jean Austin challenges his conviction of second-degree criminal sexual conduct and burglary, arguing that the state did not establish the intent element of the criminal-sexual-conduct charge. Because we conclude that the doctrine of transferred intent applies to establish the intent element and that appellant possessed the requisite intent despite any alleged intoxication, we affirm.

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