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STATE v. TATE

No. A12-0980.

State of Minnesota, Respondent, v. Darshund Adonis Tate, Appellant.

Court of Appeals of Minnesota.

Filed May 20, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and

Mark A. Ostrem , Olmsted County Attorney, James P. Spencer , Senior Assistant County Attorney, Rochester, Minnesota, for respondent.

David W. Merchant , Chief Appellate Public Defender, Bridget Kearns Sabo , Assistant Public Defender, St. Paul, Minnesota, for appellant.

Considered and decided by Johnson, Chief Judge; Peterson, Judge; and Chutich, Judge.

UNPUBLISHED OPINION

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

JOHNSON, Chief Judge.

An Olmsted County jury found Darshund Tate guilty of, among other things, the sexual assault and kidnapping of his girlfriend. On appeal, Tate challenges the sufficiency of the evidence, the absence of a jury instruction, and the district court's denial of his motion for a downward...

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