In re the Welfare of B.R.H.

Court of Appeals of Minnesota

In re the Welfare of B.R.H.

367 N.W.2d 83, 1985 Minn. App. LEXIS 4104

CourtCourt of Appeals of Minnesota

DecidedApril 30, 1985

DocketNo. CX-84-1973

StatusPublished

This text of 367 N.W.2d 83 (In re the Welfare of B.R.H.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Welfare of B.R.H., 367 N.W.2d 83, 1985 Minn. App. LEXIS 4104 (Mich. Ct. App. 1985).

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Opinion

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

B.R.H. was adjudicated delinquent for attempting to sexually assault a 13-year-old girl, Minn.Stat. §§ 609.344(c), 609.17, subd. 1 (1982). The victim testified that while walking with appellant and her brother in a park in Stillwater, Minnesota, appellant hit her on her back. Her brother then grabbed her and started removing her shorts and underwear while appellant held her down. Appellant pulled up her top and fondled her breasts and touched her in the vaginal area while her brother watched. Appellant removed his pants, got on top of her and attempted to have intercourse. The juvenile court found the allegations in the petition were true and correct and found appellant to be delinquent. Following denial of a new trial motion, appellant appealed.

DECISION

1. While there was conflicting testimony from the various witnesses, there is ample evidence to support the court’s finding of delinquency. In re Welfare of A.B.L., 358 N.W.2d 417, 420 (Minn.Ct.App.1984). Credibility is for the factfinder. Our review of the record indicates sufficient support for the trial court’s decision.

2. There is no merit to appellant’s contention that the court abused its discretion and failed to make sufficient findings in compliance with Minn.R.Juv.P. 27.06.

Affirmed.

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SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

B.R.H. was adjudicated delinquent for attempting to sexually assault a 13-year-old girl, Minn.Stat. §§ 609.344(c), 609.17, subd. 1 (1982). The victim testified that while walking with appellant and her brother in a park in Stillwater, Minnesota, appellant hit her on her back. Her brother then grabbed her and started removing her shorts and underwear while appellant held her down. Appellant pulled up her top and fondled her breasts and touched her in the vaginal area while her brother watched. Appellant removed his pants, got on top of her and attempted to have intercourse. The juvenile court found the allegations in the petition were true and correct and found appellant to be delinquent. Following denial of a new trial motion, appellant appealed.

DECISION

1. While there was conflicting testimony from the various witnesses, there is ample evidence to support the court’s finding of delinquency. In re Welfare of A.B.L., 358 N.W.2d 417, 420 (Minn.Ct.App.1984). Credibility is for the factfinder. Our review of the record indicates sufficient support for the trial court’s decision.

2. There is no merit to appellant’s contention that the court abused its discretion and failed to make sufficient findings in compliance with Minn.R.Juv.P. 27.06.

Affirmed.

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367 N.W.2d 83, 1985 Minn. App. LEXIS 4104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-brh-minnctapp-1985.

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