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STATE v. WESTON

No. A11-1496.

State of Minnesota, Respondent, v. Andre Anthony Weston, Appellant.

Court of Appeals of Minnesota.

Filed August 13, 2012.

Attorney(s) appearing for the Case

Lori Swanson, Minnesota Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Elizabeth Johnston, Assistant Hennepin County Attorney, Minneapolis, Minnesota, for respondent.

Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, Minnesota, for appellant.

Considered and decided by Chutich, Presiding Judge; Kalitowski, Judge; and Stoneburner, Judge.

UNPUBLISHED OPINION

STONEBURNER, Judge.

Appellant challenges his conviction of first-degree criminal sexual conduct, arguing that the district court committed plain and prejudicial error by failing to instruct the jury on the definitions of "force" and "coercion." Because appellant did not request such instructions and because the district court's failure to give the instruction sua sponte was not error, the issue is waived, and we affirm.

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