State v. Borg

OPINION

STAUBER, Judge.

Appellant challenges his conviction of third-degree criminal sexual conduct on the grounds that: (1) the evidence was insufficient to sustain his conviction; (2) the district court erred in ruling that the state could elicit evidence of appellant’s pre-arrest silence in the state’s case-in-chief before appellant testified; (3) the prosecutor engaged in prejudicial misconduct; (4) the district court abused its discretion in refusing to impose a dispositional departure based on appellant’s lack of remorse when the record otherwise supported a departure; and (5) he is…