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STATE v. MOORE

No. A14-0358.

863 N.W.2d 111 (2015)

STATE of Minnesota, Respondent, v. Brian Kenneth MOORE, Appellant.

Court of Appeals of Minnesota.

May 11, 2015.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Matthew Frank , Assistant Attorney General, St. Paul, Minnesota; and Kathleen A. Heaney , Sherburne County Attorney, Leah G. Emmans , Assistant County Attorney, Elk River, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Jenna Yauch-Erickson , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by JOHNSON, Presiding Judge; HALBROOKS, Judge; and LARKIN, Judge.

OPINION

Brian Kenneth Moore was charged with third-degree criminal sexual conduct in violation of section 609.344, subdivision 1(c), of the Minnesota Statutes. That particular form of third-degree criminal sexual conduct requires proof that a defendant used "force or coercion to accomplish [sexual] penetration." In this...

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