State v. Kitto

WAHL, Justice.

Defendant was charged in district court with burglary, Minn.Stat. § 609.58, subd. 2(l)(b) (1982) (amended in 1983 and recodi-fied at Minn.Stat. § 609.582 [1984]) (burglary of dwelling accompanied by sexual assault upon a person therein), and with criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) (1984) (forced sexual penetration of complainant who reasonably fears imminent great bodily harm). A district court jury found defendant not guilty of the burglary charge but guilty of the sexual assault charge. The trial court sentenced defendant to an executed term…