State v. Dudrey

KELLEY, Justice.

Defendant was charged by complaint with three counts of criminal sexual conduct in the first degree based on two separate kinds of sexual penetration of the same victim in a single-behavioral incident. Specifically, he was charged in Counts I and II with penetrating the victim’s vagina with his penis in violation of Minn.Stat. §§ 609.-342(b) and 609.342(e)(i) (1982). He was charged in Count III with having committed an act of cunnilingus on the victim in violation of section 609.342(b). Section 609.342(b) applies to all types of sexual penetration of a person at least 13 but…