State v. Blevins

OPINION

PETERSON, Judge.

In this appeal from convictions of two counts of third-degree criminal sexual conduct in violation of Minn.Stat. § 609.344, subd. 1(d) (2002), appellant Edward Blevins argues that because the evidence does not prove that the complainant was unable to withhold consent or to withdraw consent, the evidence is insufficient to support the convictions. We reverse.

FACTS

On October 12, 2003, T.W. went out with her friends in downtown Minneapolis. During the evening, T.W. consumed from ten to twelve alcoholic drinks and became intoxicated. At around 1:30 a.m., T.W. became…