STATE v. ORTEGA-RODRIGUEZ

A17-0450.

920 N.W.2d 642 (2018)

STATE of Minnesota, Respondent, v. Juan Manuel ORTEGA-RODRIGUEZ, Appellant.

Supreme Court of Minnesota.

Filed: December 5, 2018.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, Minnesota; and John J. Choi , Ramsey County Attorney, Adam E. Petras , Assistant County Attorney, Saint Paul, Minnesota, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Saint Paul, Minnesota, for appellant.


OPINION

In this case, we are asked to determine whether Minn. Stat. § 609.342, subd. 1(h) (2018), requires the State to prove that "sexual penetration" occurred. The court of appeals held that the statute does not require such proof. Because we conclude that the plain language of the statute requires proof of "sexual...

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