This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2014).
STATE OF MINNESOTA IN COURT OF APPEALS A15-0108
State of Minnesota, Respondent,
vs.
Yatarrie Lee Brown, Appellant.
Filed January 25, 2016 Affirmed Stauber, Judge
Ramsey County District Court File No. 62-CR-14-1209
Lori Swanson, Attorney General, St. Paul, Minnesota; and
John Choi, Ramsey County Attorney, Kaarin Long, Assistant County Attorney, St. Paul, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Benjamin J. Butler, Assistant Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Halbrooks, Presiding Judge; Stauber, Judge; and Reyes,
Judge.
UNPUBLISHED OPINION
STAUBER, Judge
Appellant challenges the district court’s imposition of the maximum sentence
within the presumptive-sentencing range for his first-degree criminal-sexual-conduct conviction, arguing that the district court’s sentence was impermissibly based upon
appellant’s exercise of his right to a trial. We affirm.
FACTS
Appellant Yatarrie Lee Brown was charged with first-degree criminal sexual
conduct in violation of Minn. Stat. § 609.342, subd. 1(h)(iii) (2012) (sexual penetration
when defendant has a significant relationship to the victim, the victim was under age 16,
and the sexual abuse involved multiple acts committed over extended time period). The
victim was appellant’s 14-year-old stepdaughter, A.M. Appellant waived his right to a
jury trial, and the case was tried to the court.
At trial, A.M. gave detailed testimony about two sexual assaults that occurred on
the same day in January 2014 and one that occurred in February 2014. Before the first
two sexual assaults, appellant offered marijuana to A.M., and she smoked it with him.
A.M. testified that another sexual assault occurred in the master bedroom at the end of
January, but she did not recall the details of the incident.
At the end of trial, the state requested that the court proceed only on the lesser-
included offense of first-degree criminal sexual conduct in violation of Minn. Stat.
§ 609.342, subd. 1(g) (2012) (sexual penetration when defendant has a significant
relationship to the victim and the victim was under age 16), and the original charged
offense was dismissed. The district court found appellant guilty of violating Minn. Stat.
§ 609.342, subd. 1(g).
During the presentence investigation (PSI), appellant acknowledged that he
smoked marijuana with A.M., sexually abused her, and threatened to kill her family if she
2 disclosed the abuse. The agent who prepared the PSI believed that appellant took
responsibility for his actions solely to obtain leniency in sentencing. The PSI report
noted the presence of aggravating factors, including multiple types of penetration,
providing A.M. with marijuana to make her more vulnerable, and threatening to kill her
family. The probation agent who prepared the PSI report recommended sentencing
appellant to an executed prison term of 187 months, the maximum sentence in the
presumptive-sentencing range for a person with appellant’s criminal-history score of one.
Appellant requested a downward-dispositional sentencing departure. In a
statement to the court at the sentencing hearing, appellant claimed that he had taken
responsibility for his actions. He stated that many things “persuaded him to fight the
case,” including that his family encouraged him “to be patient and to fight and to work
through this,” he attempted to negotiate a plea but did not reach an agreement due to
receiving inaccurate information about his criminal-history score, and he opted to have a
court trial because he thought it would be faster than a jury trial.
In responding to appellant’s statement, the district court said that, as a result of
appellant’s denial of his actions, A.M. was put through the difficulty of having to testify
at trial about the sexual assaults. The district court then denied appellant’s request for a
dispositional departure, finding that appellant was not amenable to probation “[b]ecause
the only time that [he] even considered admitting that [he] committed this horrendous,
horrible crime was . . . after [he was] faced with the fact that [he’d] been convicted and
[was] going to prison for an extended period of time.” The district court sentenced
Brown to an executed prison term of 187 months.
3 This appeal followed.
DECISION
This court reviews sentences imposed by the district court for an abuse of
discretion. State v. Delk, 781 N.W.2d 426, 428 (Minn. App. 2010), review denied (Minn.
July 20, 2010). Sentence ranges in the sentencing guidelines are presumed appropriate
for the crimes to which they apply. Minn. Sent. Guidelines 2.D (2012). “[A]ny sentence
within the presumptive range for the convicted offense constitutes a presumptive
sentence.” Delk, 781 N.W.2d at 428. This court will only rarely reverse the district
court’s imposition of a presumptive sentence. Id.
“It is well established that the fact that a defendant exercises his constitutional
right to trial by jury to determine his guilt or innocence must have no bearing on the
sentence imposed.” State v. Mollberg, 310 Minn. 376, 388, 246 N.W.2d 463, 471 (1976)
(quotation omitted). “[T]he record must affirmatively show that the [district] court
sentenced the defendant solely upon the facts of his case and his personal history, and not
as punishment for his refusal to plead guilty.” Id. (quoting United States v. Stockwell,
472 F.2d 1186, 1188 (9th Cir. 1973)). But a district court is not required to explain its
reasons for imposing a presumptive sentence, and we may not interfere with the district
court's exercise of discretion so long as “the record shows the sentencing court carefully
evaluated all the testimony and information presented before making a determination.”
State v. Van Ruler, 378 N.W.2d 77, 80–81 (Minn. 1985).
The record does not support appellant’s claim that the district court imposed the
highest sentence in the presumptive-sentencing range as punishment for exercising his
4 constitutional right to a trial. The court’s comments were made to explain its rejection of
appellant’s claim of remorse, which was a proper factor for the district court to consider
in determining whether appellant was amenable to probation. See State v. Trog, 323
N.W.2d 28, 31 (Minn. 1982) (listing “remorse” among factors that show an offender’s
amenability to probation). An offender’s minimization of his offense or refusal to admit
guilt demonstrates a lack of remorse. State v. Hickman, 666 N.W.2d 729, 732 (Minn.
App. 2003).
Nothing in the record suggests that the district court’s imposition of the 187-month
sentence was based on appellant’s exercise of his right to a trial rather than on offense-
related characteristics. The PSI identified aggravating factors, including multiple forms
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This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2014).
STATE OF MINNESOTA IN COURT OF APPEALS A15-0108
State of Minnesota, Respondent,
vs.
Yatarrie Lee Brown, Appellant.
Filed January 25, 2016 Affirmed Stauber, Judge
Ramsey County District Court File No. 62-CR-14-1209
Lori Swanson, Attorney General, St. Paul, Minnesota; and
John Choi, Ramsey County Attorney, Kaarin Long, Assistant County Attorney, St. Paul, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Benjamin J. Butler, Assistant Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Halbrooks, Presiding Judge; Stauber, Judge; and Reyes,
Judge.
UNPUBLISHED OPINION
STAUBER, Judge
Appellant challenges the district court’s imposition of the maximum sentence
within the presumptive-sentencing range for his first-degree criminal-sexual-conduct conviction, arguing that the district court’s sentence was impermissibly based upon
appellant’s exercise of his right to a trial. We affirm.
FACTS
Appellant Yatarrie Lee Brown was charged with first-degree criminal sexual
conduct in violation of Minn. Stat. § 609.342, subd. 1(h)(iii) (2012) (sexual penetration
when defendant has a significant relationship to the victim, the victim was under age 16,
and the sexual abuse involved multiple acts committed over extended time period). The
victim was appellant’s 14-year-old stepdaughter, A.M. Appellant waived his right to a
jury trial, and the case was tried to the court.
At trial, A.M. gave detailed testimony about two sexual assaults that occurred on
the same day in January 2014 and one that occurred in February 2014. Before the first
two sexual assaults, appellant offered marijuana to A.M., and she smoked it with him.
A.M. testified that another sexual assault occurred in the master bedroom at the end of
January, but she did not recall the details of the incident.
At the end of trial, the state requested that the court proceed only on the lesser-
included offense of first-degree criminal sexual conduct in violation of Minn. Stat.
§ 609.342, subd. 1(g) (2012) (sexual penetration when defendant has a significant
relationship to the victim and the victim was under age 16), and the original charged
offense was dismissed. The district court found appellant guilty of violating Minn. Stat.
§ 609.342, subd. 1(g).
During the presentence investigation (PSI), appellant acknowledged that he
smoked marijuana with A.M., sexually abused her, and threatened to kill her family if she
2 disclosed the abuse. The agent who prepared the PSI believed that appellant took
responsibility for his actions solely to obtain leniency in sentencing. The PSI report
noted the presence of aggravating factors, including multiple types of penetration,
providing A.M. with marijuana to make her more vulnerable, and threatening to kill her
family. The probation agent who prepared the PSI report recommended sentencing
appellant to an executed prison term of 187 months, the maximum sentence in the
presumptive-sentencing range for a person with appellant’s criminal-history score of one.
Appellant requested a downward-dispositional sentencing departure. In a
statement to the court at the sentencing hearing, appellant claimed that he had taken
responsibility for his actions. He stated that many things “persuaded him to fight the
case,” including that his family encouraged him “to be patient and to fight and to work
through this,” he attempted to negotiate a plea but did not reach an agreement due to
receiving inaccurate information about his criminal-history score, and he opted to have a
court trial because he thought it would be faster than a jury trial.
In responding to appellant’s statement, the district court said that, as a result of
appellant’s denial of his actions, A.M. was put through the difficulty of having to testify
at trial about the sexual assaults. The district court then denied appellant’s request for a
dispositional departure, finding that appellant was not amenable to probation “[b]ecause
the only time that [he] even considered admitting that [he] committed this horrendous,
horrible crime was . . . after [he was] faced with the fact that [he’d] been convicted and
[was] going to prison for an extended period of time.” The district court sentenced
Brown to an executed prison term of 187 months.
3 This appeal followed.
DECISION
This court reviews sentences imposed by the district court for an abuse of
discretion. State v. Delk, 781 N.W.2d 426, 428 (Minn. App. 2010), review denied (Minn.
July 20, 2010). Sentence ranges in the sentencing guidelines are presumed appropriate
for the crimes to which they apply. Minn. Sent. Guidelines 2.D (2012). “[A]ny sentence
within the presumptive range for the convicted offense constitutes a presumptive
sentence.” Delk, 781 N.W.2d at 428. This court will only rarely reverse the district
court’s imposition of a presumptive sentence. Id.
“It is well established that the fact that a defendant exercises his constitutional
right to trial by jury to determine his guilt or innocence must have no bearing on the
sentence imposed.” State v. Mollberg, 310 Minn. 376, 388, 246 N.W.2d 463, 471 (1976)
(quotation omitted). “[T]he record must affirmatively show that the [district] court
sentenced the defendant solely upon the facts of his case and his personal history, and not
as punishment for his refusal to plead guilty.” Id. (quoting United States v. Stockwell,
472 F.2d 1186, 1188 (9th Cir. 1973)). But a district court is not required to explain its
reasons for imposing a presumptive sentence, and we may not interfere with the district
court's exercise of discretion so long as “the record shows the sentencing court carefully
evaluated all the testimony and information presented before making a determination.”
State v. Van Ruler, 378 N.W.2d 77, 80–81 (Minn. 1985).
The record does not support appellant’s claim that the district court imposed the
highest sentence in the presumptive-sentencing range as punishment for exercising his
4 constitutional right to a trial. The court’s comments were made to explain its rejection of
appellant’s claim of remorse, which was a proper factor for the district court to consider
in determining whether appellant was amenable to probation. See State v. Trog, 323
N.W.2d 28, 31 (Minn. 1982) (listing “remorse” among factors that show an offender’s
amenability to probation). An offender’s minimization of his offense or refusal to admit
guilt demonstrates a lack of remorse. State v. Hickman, 666 N.W.2d 729, 732 (Minn.
App. 2003).
Nothing in the record suggests that the district court’s imposition of the 187-month
sentence was based on appellant’s exercise of his right to a trial rather than on offense-
related characteristics. The PSI identified aggravating factors, including multiple forms
of penetration, A.M.’s vulnerability, and appellant’s threats against her family, and
recommended imposition of a 187-month sentence. See Minn. Sent. Guidelines
2.D.3.b.(1) (2012) (listing as an aggravating factor the victim’s vulnerability due to
reduced physical or mental capacity); Perkins v. State, 559 N.W.2d 678, 692 (Minn.1997)
(including defendant’s death threats to victim and her children as a proper aggravating
sentencing factor); State v. Adell, 755 N.W.2d 767, 774-75 (Minn. App. 2008) (including
multiple forms of penetration as a proper aggravating factor for a first-degree criminal-
sexual-conduct conviction under Minn. Stat. § 609.342, subd. 1(g) (2002)). At the
sentencing hearing, the prosecutor requested imposition of a 187-month sentence, stating,
“This was horrific. This was four separate instances by [A.M.’s] stepfather, including a
threat, really twice. First, he mentions a threat and then . . . when she told her mother,
[appellant] said, ‘Well, you’re going to find out if I was joking.’” The district court
5 agreed with the prosecutor, describing the offense as a “horrendous, horrible crime,” and
accepted the PSI’s recommendation, which was based on offense-related characteristics.
Because the record does not support appellant’s claim that his sentence was imposed as
punishment for exercising his right to trial, the district court did not abuse its discretion in
sentencing appellant to the maximum sentence within the presumptive-sentencing range.
Affirmed.