State v. Heinzer

OPINION

LANSING, Judge.

Defendant Gary Heinzer appeals his conviction of criminal sexual conduct in the third degree (rape) in violation of Minn. Stat. § 609.344(c) (1982). He claims that he is entitled either to a reversal or a new trial because the jury instructions impermissibly removed the State’s burden of proving lack of consent. He also claims a reversal is justified on the ground that the evidence was legally insufficient. We affirm.

FACTS

The complainant and the defendant were acquaintances. Complainant had recently moved from Salt Lake City, Utah, to Deer River, Minnesota, to be closer…