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STATE v. HOGETVEDT

No. CX-00-771.

623 N.W.2d 909 (2001)

STATE of Minnesota, Respondent, v. William John HOGETVEDT, Appellant.

Court of Appeals of Minnesota.

March 27, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, MN, (for respondent).

Lawrence Hammerling, Deputy State Public Defender, Michael F. Cromett, Assistant State Public Defender, Minneapolis, MN, (for appellant).

William J. Hogetvedt, MCF—Stillwater, Bayport, MN, (pro se appellant).

Considered and decided by RANDALL, Presiding Judge, PETERSON, Judge, and SHUMAKER, Judge.

OPINION

R.A. RANDALL, Judge

Appellant William John Hogetvedt was convicted of third-degree assault. Appellant argues that (1) the district court erred by admitting the victim's out-of-court statements identifying appellant as her assailant under Minn. R. Evid. 803(2) (excited utterance exception) and Minn. R. Evid. 803(24) (residual exception); (2) appellant was denied his due process right to a fair trial because the state's witnesses volunteered testimony...

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