State v. Gamez

494 N.W.2d 84, 1992 Minn. App. LEXIS 1251, 1992 WL 383056
CourtCourt of Appeals of Minnesota
DecidedDecember 29, 1992
DocketC0-92-845
StatusPublished
Cited by2 cases

This text of 494 N.W.2d 84 (State v. Gamez) 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
State v. Gamez, 494 N.W.2d 84, 1992 Minn. App. LEXIS 1251, 1992 WL 383056 (Mich. Ct. App. 1992).

Opinions

OPINION

WILLIAM J. FLEMING, Judge.

Appellant Ruben Gamez challenges the sufficiency of the evidence to support his conviction on two counts of third degree criminal sexual conduct in violation of Minn.Stat. § 609.344, subd. 1(c) (1990). We conclude that the evidence is sufficient for conviction and affirm the trial court.

FACTS

Complainant T.J.S. is the unmarried sister-in-law of appellant Ruben Gamez. Early in the morning of June 27, 1991, while staying with his wife in complainant’s condominium, appellant went to T.J.S.’s bedroom, awakened her, and asked for a towel to wipe down the bathroom walls after his shower. Appellant then crossed the floor to the bed, knelt on the bed, and gave T.J.S. an ardent kiss and hug. T.J.S. next remembers standing in the bathroom door with appellant forcing himself on her. Appellant locked the bathroom door leading into TJ.S.’s bedroom.

Appellant pulled TJ.S.’s nightgown over her shoulders and pushed up her bra. Appellant had a frightening look on his face. T.J.S. tried to push appellant away by his shoulders and told appellant that they could not do this because he is her brother-in-law. T.J.S. stated that they could not hurt her sister. She thought that if she kept saying “you’re my brother-in-law” and his wife’s name, appellant would stop.

T.J.S. testified that she did not consent to the intercourse. She did not yell for her sister, who was asleep in the next bedroom, because she did not want her sister to know what appellant was doing. T.J.S. thought that this would destroy her sister and their close relationship. T.J.S. could not hurt her sister. She knew that it would be her word against appellant’s and that appellant would have a story.

[86]*86Again, early in the morning of June 28, 1991, T.J.S. was in bed asleep when she discovered appellant, who was nude, in bed with her and pulling at her shoulder. T.J.S. told appellant to leave her alone. She kept struggling and pushing appellant away. Appellant put his hands between her legs, laid on top of her, and proceeded to have intercourse. T.J.S. was frightened by the look on appellant’s face. T.J.S. did not want to hurt her sister so she was quiet during the assault.

T.J.S. sobbed and shook while telling two of her sisters about appellant forcing himself on her. T.J.S. still did not want their sister, appellant’s wife, to know because she was afraid it would hurt her. With the encouragement of her sisters, T.J.S. told appellant’s wife about the assault. Later, when appellant’s wife told her sisters that appellant denied everything, T.J.S. became hysterical and out of control and injured her finger.

T.J.S. saw Dr. Margaret Houston for her injured finger. When the doctor asked T.J.S. how she injured her finger, T.J.S. cried when telling about the assault. T.J.S. said that she had been afraid to do anything while appellant was assaulting her because her sister would hear.

Appellant admitted to engaging in sexual intercourse with T.J.S., but stated that it was consensual.

ISSUES

1. Was the evidence sufficient to prove that appellant committed third degree criminal sexual conduct?

2. Should the trial court have submitted the lesser included offenses of fourth and fifth degree criminal sexual conduct to the jury?

3. Did the trial court properly admit witness testimony which corroborated the complainant’s testimony and her prompt reporting of the sexual assault by appellant?

4. Was appellant prejudiced by testimony regarding statements made by him about a prosecution witness’s disabled child?

5.Was it prejudicial error for the trial court judge to tell the jury that he would be unavailable for personal consultation if their deliberation continued into the evening hours?

ANALYSIS

I.

On appeal, a review of the sufficiency of the evidence is limited to determining whether the facts in the record and the legitimate inferences drawn from these facts could allow a jury to reasonably conclude that the defendant was guilty of the offense charged. State v. Merrill, 274 N.W.2d 99, 111 (Minn.1978). The evidence is viewed in the light most favorable to the verdict, assuming the jury believed the state’s witnesses and disbelieved any contrary evidence. State v. Lanam, 459 N.W.2d 656, 662 (Minn.1990), cert. denied, 498 U.S. 1033, 111 S.Ct. 693, 112 L.Ed.2d 684 (1991). Reviewing the evidence in a manner favorable to the verdict is particularly important where the resolution of the case depends on conflicting testimony, because the weighing of the credibility of the witnesses is the exclusive function of the jury. State v. Pieschke, 295 N.W.2d 580, 584 (Minn.1980).

Appellant argues that T.J.S.’s testimony was not credible and there was a lack of corroborating evidence. In a sexual assault case, the complainant’s testimony need not be corroborated. Minn.Stat. § 609.347, subd. 1 (1990). Additionally, while appellant’s testimony conflicts with T.J.S.’s testimony, T.J.S.’s testimony regarding the sexual assaults is credible where the testimony was corroborated by her consistency in telling of the assaults, her prompt reporting of the assaults, and her emotional state when reporting the assaults.

T.J.S. told two of her sisters about the sexual assaults two days after the first incident and one day after the second incident. She then repeated her story to her third sister, appellant’s wife, the following day. The next day, T.J.S. repeated the story to Dr. Houston. T.J.S. consistently [87]*87related how appellant came into her bedroom while she was sleeping. She tried to push appellant away, but he continued to assault her. See State v. Folley, 378 N.W.2d 21, 25 (Minn.App.1985) (detailed and consistent description of sexual abuse is important factor in corroborating victim’s testimony).

When T.J.S. told her sisters about the sexual assaults, she was sobbing and shaking. When she found out that appellant denied the assaults, she lost control and was hysterical. One of her sisters testified that T.J.S. did not usually behave in this manner. T.J.S. also spoke of suicide to her sisters and Dr. Houston. State v. Mosby, 450 N.W.2d 629, 635 (Minn.App.1990) (emotional state after sexual assaults provides corroboration), pet. for rev. denied (Minn. Mar. 16, 1990).

Appellant also argues that there is a lack of evidence showing force or coercion required for a conviction for third degree criminal sexual conduct. Coercion is defined as

words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon, or hold in confinement, the complainant or another.

Minn.Stat. § 609.341, subd. 14 (1990). There is evidence of coercion where an abuser intentionally creates an atmosphere of fear. Here, appellant continued his sexual advances after T.J.S. told him to stop. Appellant also pulled up T.J.S.’s nightgown and held her down during the sexual assault. See State v. Meech,

Related

State of Minnesota v. Senen Guerrero
Court of Appeals of Minnesota, 2016
State v. Gamez
494 N.W.2d 84 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
494 N.W.2d 84, 1992 Minn. App. LEXIS 1251, 1992 WL 383056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gamez-minnctapp-1992.