State v. Clark

OPINION

NIERENGARTEN, Judge.

Appellant Bernard Clark was convicted by a jury of two counts of criminal sexual conduct in the first degree. Minn.Stat. §§ 609.842(c) and 609.342(e)(i) (1982). The latter count was dismissed at sentencing. He claims the evidence was insufficient to sustain his conviction and that he was denied a fair trial because of improper prose-cutorial references to a missing witness. We affirm.

FACTS

Heather Stewart, age 20, helped Clark and two other black men get a car unstuck from a snowbank. Stewart accepted a ride from Clark, who picked up some marijuana and, at Stewart’s…