State v. Alexander

398 N.W.2d 24, 1986 Minn. App. LEXIS 5064
Court of Appeals of Minnesota·Decided December 23, 1986·No. C9-86-589·Published·Cited by 1 cases

Opinion

OPINION

LANSING, Judge.

Gordon Alfred Alexander was tried and convicted of the crimes of aggravated forgery and uttering a forged instrument. Alexander appeals the conviction, contending the evidence was insufficient to sustain the conviction and errors occurring before and during trial require a new trial. We affirm.

FACTS

Gordon Alexander met Richard Johnson when both were in the Douglas County Jail. Alexander offered Johnson a construction job which would begin when Johnson got out of jail. In anticipation of remaining in Minnesota for this job, Johnson had his mail forwarded from the Veteran’s Hospital in Fargo, North Dakota, to Alexander’s address.

Johnson was transferred to a jail in another Minnesota county, and Alexander was released. When Johnson was released in July or August of 1983, Alexander picked him up at the jail. Johnson asked for his mail, but Alexander said they would get it later. Two days after his release, Johnson was arrested for DWI and detained for eight or nine days. When released, he could not locate Alexander. Johnson then changed his forwarding address to the V.A. office in Alexandria, Minnesota, but failed to receive his July 1983 veteran’s disability check.

*26 Johnson filed a claim for the missing check and provided handwriting samples for the Secret Service, the investigating agency. The investigation revealed that the missing check had been cashed in July 1983 at the Corral Nightclub in Nelson, Minnesota. The back of the check contained a signature purporting to be Joh-son’s and the additional signature of “Gor-dy Gordy Alexander”. Johnson told the Secret Service that he had not signed the check and that he had not authorized Alexander to sign the check.

Alexander was charged with one count of aggravated forgery and one count of uttering a forged instrument. Following an omnibus hearing, the trial court set the trial for a day certain because of out-of-state witnesses. In preparing for trial, Alexander’s court-appointed attorney realized he had represented Johnson in a case in which Alexander had been a potential witness and withdrew from representation. Another attorney was substituted one week before trial.

On the day before trial Alexander’s new attorney requested a continuance to prepare for cross-examination of the State’s document examiner and to locate and interview potential witnesses. The court denied the continuance, but stated that the motion could be renewed after the State’s case. Alexander’s attorney did not renew his motion.

At trial James Hinnenkamp, the owner of the Corral, testified that he knew Alexander. He stated that in July 1983 Alexander told him that he was broke and needed money for gas. Alexander asked Hinnen-kamp to cash a second-party check for $444. Hinnenkamp identified this check as Johnson’s July 1983 V.A. benefits check. Alexander reminded Hinnenkamp that Johnson owed him money because of a bad check. Hinnenkamp asked Alexander to sign the check, deducted the amount owed him, and gave Alexander the remainder, which was over $300. Hinnenkamp identified Alexander from a photo line-up.

Nancy Berthold, a documents examiner for the Secret Service, testified that she compared the signature of R.D. Johnson on the check with Johnson’s actual signature. She stated that there were many differences between the two and there was nothing to indicate that Johnson had endorsed the check and only a “remote possibility” that he had. Berthold testified that it was likely that Alexander had written “Gordy Gordy Alexander” on the check. She stated that Alexander “could have” signed the endorsement R.D. Johnson, but she was not certain.

During direct examination of Jack Shal-ler, a Secret Service agent, the following exchange took place while the prosecutor attempted to lay foundation for an exhibit:

Q. After speaking with Mr. Hinnen-kamp, did you eventually obtain handwriting samples from the defendant?
A. Did I obtain handwritings?
Q. Did you go about the process of obtaining handwritings?
A. Yes well, I went to Gordon Alexander’s residence after obtaining a federal grand jury subpoena.
Q. And Mr. Alexander complied with the subpoena by providing samples to Mr. Shaughnessy, is that correct?
A. Yes, at a later date.
Q. And did you also obtain voluntarily from Mr. Alexander on a previous occasion some handwriting samples?
A. On a previous investigation?
Q. I will show you what is marked as State’s Exhibit 8, Mr. Schaller. Can you tell me what that is?
A. This is Secret Service Form 1607A. This and a few other forms were obtained from him on a previous investigation.

Alexander’s attorney withheld his objection to the improper reference to a previous investigation to avoid calling attention to it. When the prosecutor realized that the jury might speculate on the reasons for a previous investigation, he withdrew the exhibit and began questioning in other areas. Later in chambers the defense moved for a mistrial. The judge denied the motion.

*27 During final arguments the State, attempting to rebut a suggestion that Johnson was only paying off Alexander’s bad checks, stated, “I ask you if that is credible evidence. Where are those checks?” The defense again moved for a mistrial. The motion was denied. Alexander did not seek a curative instruction.

Alexander did not testify at trial and called no witnesses. He was found guilty of aggravated forgery and uttering a forged instrument.

ISSUES

1. Was the evidence sufficient to sustain Alexander’s conviction for aggravated forgery and uttering a forged instrument?

2. Did prejudicial errors entitle Alexander to a new trial?

ANALYSIS

I

Alexander argues that the State did not meet its burden of establishing that Alexander forged Johnson’s name and that Alexander knew the signature was forged when he cashed the check.

The evidence presented at trial showed that Johnson did not receive his July 1983 V.A. benefit check; the check had been forwarded from Fargo, North Dakota, to Alexander’s address; Alexander did not give Johnson his mail; Johnson did not endorse the check; a witness saw Alexander sign his name to the check; the document examiner believed Alexander could have signed Johnson’s name to the check; and Alexander was given over $300 by the owner of the Corral. This is sufficient evidence for the jury to reasonably conclude that Alexander was guilty of aggravated forgery and uttering a forged instrument.

II

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State v. Alexander, 398 N.W.2d 24, 1986 Minn. App. LEXIS 5064 (Mich. Ct. App. 1986).

398 N.W.2d 24 (State v. Alexander) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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