State v. Cogshell

538 N.W.2d 120, 1995 Minn. LEXIS 824, 1995 WL 584845
CourtSupreme Court of Minnesota
DecidedOctober 6, 1995
DocketC9-93-1146
StatusPublished
Cited by23 cases

This text of 538 N.W.2d 120 (State v. Cogshell) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cogshell, 538 N.W.2d 120, 1995 Minn. LEXIS 824, 1995 WL 584845 (Mich. 1995).

Opinions

OPINION

TOMLJANOVICH, Justice.

Defendant, Clifton Lamont Cogshell, was found guilty by a district court jury of controlled substance crime in the third degree, Minn.Stat. § 152.023, subds. 1(1) and 3(a) (1992), based on evidence he sold crack cocaine to an undercover police officer.1 The court of appeals, in an unpublished decision, affirmed defendant’s conviction, rejecting defendant’s contention that the trial court prej-udicially erred in admitting evidence of a prior similar offense by defendant on the disputed issue of identity pursuant to Minn. R.Evid. 404(b). We affirm.

At 9:35 p.m. on October 9, 1992, St. Paul Police Officer Janet Dunnom, working under[122]*122cover, went to a house located on DeSoto Street in St. Paul as part of an ongoing investigation. Dunnom previously had bought crack cocaine there from people identified to her as “Tony” and “Challota” (later identified as Lucille Dobbs). This time when she said she wanted to buy crack cocaine, two men came running down the hallway toward her and displayed their rocks of crack cocaine. Challota said the taller man was her nephew and it was okay for Dunnom to buy from them. Dunnom bought three rocks for $50 from the taller man and two rocks for $50 from the other man. Because Dunnom was involved with an ongoing investigation that was not complete, Dunnom did not then make any arrests. Instead, she tried to get a good look at the two men and remember their appearances so she could identify them later. After leaving the house, she described the two men to another officer, who was monitoring her activity from outside the house.

Over two months later, on December 16, Sergeant Neil Nelson received information from a confidential informant that defendant had been involved in the sale. He assembled photographs of six men, including defendant, and showed them to Dunnom. Dunnom identified defendant as the taller seller.

Defendant was arrested and questioned the following day. He admitted knowing a woman named Challota but denied ever having been to her residence. He told Sergeant Nelson he had been with his cousin, Gary Larkin, the entire day and evening of October 9, and had gone to the Waldorf Corporation that day to get a job application form. He said he did not remember where he was that night but he was not involved in selling crack cocaine and was not at Challota’s house.

Defendant had two prior felony convictions, one for aggravated robbery and one for controlled substance crime in the fifth degree, and two misdemeanor convictions of false information to police. The trial court denied the state’s motion to admit evidence of the facts underlying the robbery, which was a drug robbery, as other-crime evidence pursuant to Minn.R.Evid. 404(b); however, the court ruled that under Rule 609(a)(1) the state could use the robbery conviction itself, without reference to the underlying facts, to impeach defendant’s credibility if he testified. The court ruled that under Rule 609(a)(2) the two false information convictions could be used to impeach defendant’s credibility if he testified. The court ruled that the prior controlled substance conviction could not be used to impeach defendant’s credibility if he testified, but ruled that evidence of the conduct on which that conviction was based was admissible under Rule 404(b) as other-crime evidence to prove identity, since the state’s evidence on identity, consisting primarily of Dunnom’s eyewitness identification testimony, was weak.

Defendant testified in his own behalf, claiming alibi. His credibility was impeached by the robbery conviction and the two false statement convictions. His cousin, Larkin, testified in his behalf.

1. We are not troubled by the trial court’s decision to admit the eyewitness identification testimony of Dunnom. The trial court and the court of appeals were justified in concluding that the photo display did not violate due process. Due process is violated by such a display if the display was so unnecessarily suggestive as to create a substantial likelihood of irreparable misidentification. Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972). This display was not unnecessarily suggestive.

2. Nor are we disturbed by the trial court’s rulings on the impeachment use pursuant to R. 609 of the prior convictions, a ruling which finds support in a long line of this court’s decisions. See, e.g., State v. Jones, 271 N.W.2d 584 (Minn.1978).

3. We focus our attention on the issue of the admission, pursuant to Minn.R.Evid. 404(b), of evidence of the conduct on which defendant’s prior controlled substance conviction was based in order to help prove defendant’s identity as seller.

The prior offense was committed on July 9, 1991, 15 months before the charged crime. Defendant was observed at 5:15 p.m. at the intersection of St. Albans and Aurora in St. [123]*123Paul, an area with a high volume of sales of crack cocaine. Police saw defendant showing two people something and saw him drop a small rock to the ground, then pick it up and put it in his shoe. Police approached defendant and found two small plastic bags with twisted tops, each containing a rock of crack cocaine, and $130 on defendant’s person, including six $20 bills.

Minn.R.Evid. 404(b) provides, in relevant part:

Evidence of another crime, wrong, or act is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. In a criminal prosecution, such evidence shall not be admitted unless the other crime, wrong, or act and the participation in it by a relevant person are proven by clear and convincing evidence.

Each verbal formulation of a particular substantive or procedural principle relating to the admission of other-crime evidence pursuant to this rule has been honed over time in a series of cases going back to State v. Spreigl, 272 Minn. 488, 139 N.W.2d 167 (1965), and State v. Billstrom, 276 Minn. 174, 149 N.W.2d 281 (1967). The case law, which is well-settled, is set forth in detail in a number of decisions, including, State v. Bolte, 530 N.W.2d 191 (Minn.1995); State v. Wermerskirchen, 497 N.W.2d 235 (Minn.1993); State v. Frisinger, 484 M.W.2d 27 (Minn.1992); State v. Axford, 417 N.W.2d 88 (Minn.1987); State v. Filippi 335 N.W.2d 739 (Minn.1983).

For our purposes in this case we need only repeat part of what we said in Frisinger, 484 N.W.2d at 32:

The trial court initially should follow the clear wording of Rule 404(b) and look to the real purpose for which the evidence is offered.

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State v. Cogshell
538 N.W.2d 120 (Supreme Court of Minnesota, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
538 N.W.2d 120, 1995 Minn. LEXIS 824, 1995 WL 584845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cogshell-minn-1995.