State v. Thomas

SUMMARY OPINION

NIERENGARTEN, Judge.

FACTS

Appellant Larry Thomas was convicted of burglary in the first degree in violation of Minn.Stat. § 609.582, subd. 1(c) (Supp. 1983) for breaking into Heather Petit’s apartment on August 23, 1983, with the intent of committing a criminal sexual assault. Petit first encountered Thomas for about 20 minutes on August 20, 1983, at about 2:00 a.m. near her apartment. He had identified himself as “Michael Mitchell” a football player for the Minnesota Gophers from Alabama. At that time he reached out, took Petit’s wrists, engaged her in small talk and asked if…