State v. Gunn

Supreme Court of Minnesota

State v. Gunn

299 N.W.2d 137, 1980 Minn. LEXIS 1621

CourtSupreme Court of Minnesota

DecidedOctober 24, 1980

Docket50472

StatusPublished

Cited by11 cases

This text of 299 N.W.2d 137 (State v. Gunn) 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. Gunn, 299 N.W.2d 137, 1980 Minn. LEXIS 1621 (Mich. 1980).

Pincite

Opinion

YETKA, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(e)(i) (1978) (sexual penetration accompanied by actor causing personal injury to complainant and actor using force or coercion to accomplish the sexual penetration). The trial court sentenced defendant to a maximum prison term of 20 years. On this appeal from judgment of conviction, defendant contends (1) that his conviction should be reversed outright because the evidence that force or coercion was used to accomplish the admitted act of penetration was legally insufficient or (2) that at least he should be granted a new trial on the ground that the prosecutor committed misconduct in his closing argument amounting to plain error. We affirm.

The defendant’s contention that the evidence was legally insufficient is merit-less. The state’s evidence showed that defendant picked up a stranded female motorist, drove her to an isolated place, struck her on the head, and, by using the threat of more force, coerced her into having sexual intercourse with him. Although corrobora *138 tion of a complainant’s testimony is not required in prosecutions for criminal sexual conduct in this state, Minn.Stat. § 609.347, subd. 1 (1978), we have stated, however, that the absence of corroboration in an individual case might well call for a holding that the evidence was insufficient. State v. Ani, 257 N.W.2d 699 (Minn.1977). Here there was strong corroboration of complainant’s testimony.

The other issue raised by defendant concerns the propriety of some statements by the prosecutor in his closing argument. Defendant, by failing to object at trial to any of the statements or seek specific cautionary instructions, is deemed to have forfeited his right to have the issue considered on appeal. While this court could reverse, notwithstanding the defendant’s failure to preserve the issue if we deem the error sufficient to do so, we do not believe this case justifies a reversal.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

YETKA, Justice.

Defendant was found guilty by a district court jury of criminal sexual conduct in the first degree, Minn.Stat. § 609.342(e)(i) (1978) (sexual penetration accompanied by actor causing personal injury to complainant and actor using force or coercion to accomplish the sexual penetration). The trial court sentenced defendant to a maximum prison term of 20 years. On this appeal from judgment of conviction, defendant contends (1) that his conviction should be reversed outright because the evidence that force or coercion was used to accomplish the admitted act of penetration was legally insufficient or (2) that at least he should be granted a new trial on the ground that the prosecutor committed misconduct in his closing argument amounting to plain error. We affirm.

The defendant’s contention that the evidence was legally insufficient is merit-less. The state’s evidence showed that defendant picked up a stranded female motorist, drove her to an isolated place, struck her on the head, and, by using the threat of more force, coerced her into having sexual intercourse with him. Although corrobora *138 tion of a complainant’s testimony is not required in prosecutions for criminal sexual conduct in this state, Minn.Stat. § 609.347, subd. 1 (1978), we have stated, however, that the absence of corroboration in an individual case might well call for a holding that the evidence was insufficient. State v. Ani, 257 N.W.2d 699 (Minn.1977). Here there was strong corroboration of complainant’s testimony.

The other issue raised by defendant concerns the propriety of some statements by the prosecutor in his closing argument. Defendant, by failing to object at trial to any of the statements or seek specific cautionary instructions, is deemed to have forfeited his right to have the issue considered on appeal. While this court could reverse, notwithstanding the defendant’s failure to preserve the issue if we deem the error sufficient to do so, we do not believe this case justifies a reversal.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

299 N.W.2d 137, 1980 Minn. LEXIS 1621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gunn-minn-1980.

Opinion

Related

Cite This Page — Counsel Stack