State v. Smith

SHERAN, Chief Justice.

Defendant was found guilty by a district court jury of two different counts of criminal sexual conduct in the first degree, one under subsection (d) and one under subsection (e) of Minn.Stat. § 609.342 (1978), for the same act. The trial court sentenced defendant to a maximum prison term of 1 year and 1 day to 20 years for the offense under subsection (d). Issues raised by. defendant on his appeal from judgment of conviction are: (1) whether the evidence on the issue of identification was legally insufficient, (2) whether the trial court erred in failing to question…