State v. Hofmann

549 N.W.2d 372, 1996 Minn. App. LEXIS 660, 1996 WL 290949
CourtCourt of Appeals of Minnesota
DecidedJune 4, 1996
DocketC5-95-1732
StatusPublished
Cited by7 cases

This text of 549 N.W.2d 372 (State v. Hofmann) 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. Hofmann, 549 N.W.2d 372, 1996 Minn. App. LEXIS 660, 1996 WL 290949 (Mich. Ct. App. 1996).

Opinion

OPINION

HARTEN, Judge.

After a bench trial, appellant Timothy Joseph Hofmann was convicted of second-degree burglary, theft, and first-degree criminal damage to property. Hofmann now challenges those convictions, claiming that the victims’ burglarized motor home was not a “building” within the meaning of the burglary statute and that the trial court erred in admitting for impeachment purposes evidence of his prior convictions. We affirm.

ISSUES

. 1. Was the motor home a “building” for purposes of the burglary statute?

2. Did the trial court commit reversible error in admitting for impeachment purposes evidence of Hofmann’s prior convictions?

ANALYSIS

1. Hofmann was convicted of burglary under Minn.Stat. § 609.582, subd. 2(a) (1992), which provides:

Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and com *374 mits a crime while in the building, commits burglary in the second degree * * * if: (a) the building is a dwelling * * *.

Hofinann argues that we should overturn his burglary conviction because the victims’ motor home did not constitute a “braiding” within the meaning of the statute.

“A burglary conviction can be sustained only if the braiding involved is within the statutory definition.” In re Welfare of R.O.H., 444 N.W.2d 294, 294 (Minn.App. 1989). “[I]n applying the burglary statute one must look not to the dictionary definition of ‘building’ but rather to the statutory definition.” State v. Vredenberg, 264 N.W.2d 406, 407 (Minn.1978). The statutory definition is as follows:

“Building” means a structure suitable for affording shelter for human beings including any appurtenant or connected structure.

Minn.Stat. § 609.581, subd. 2 (1992).

The statutory definition includes the motor home at issue here. The motor home was a converted full-length bus, in which the victims, a married couple, resided full-time (although they maintained a mailing address in North Dakota). The motor home contained appliances, a safe, and “all of [the victims’] belongings.” The victims’ use of the motor home demonstrated that it was “suitable for affording shelter for human beings.”

Nonetheless, Hofinann argues that the motor home should not have been considered a budding for purposes of the burglary statute because it was not a “permanent” structure. We reject this argument. As noted above, the statutory definition controls, which, by its terms, does not require permanence. The supreme court has stated that

the sole test of whether a structure is a “building” is whether the structure is “suitable for affording shelter for human beings.”

State v. Bronson, 259 N.W.2d 465, 466 (Minn.1977). Minnesota’s appellate courts have applied this test consistently in determining whether various structures fall within the burglary statute. See State v. Walker, 319 N.W.2d 414, 417 (Minn.1982) (structure attached to a barn was a “building” because owner took shelter in the bam while performing chores); Bronson, 259 N.W.2d at 465-66 (basketball arena being converted to an ice arena and with one wall knocked out retained its character as a “building” because it provided shelter for people working in it); State v. Gerou, 283 Minn. 298, 302, 168 N.W.2d 15, 17 (1969) (warehouse that provided shelter for people working there was a “building”); State ex rel. Webber v. Tahash, 277 Minn. 302, 306-07, 152 N.W.2d 497, 501 (1967) (tool shed not suitable for human shelter was not a “braiding”); R.O.H., 444 N.W.2d at 295 (mini-storage unit that provided shelter from the elements was a “braiding”).

All of the cited eases involve fixed structures (although the structure in Bronson was under construction). The case closest to the instant case is Vredenberg, in which the supreme court held that three houseboat cabins constituted “buildings” under the burglary statute. 264 N.W.2d at 407. The court noted that boats were specifically included in the pre-1963 statutory definition wherein “building” was defined as

every house, vessel, railway car, tent, shop, or other structure suitable for affording shelter for human beings, or appurtenant to or connected with a structure so adapted.

Id. (citing Minn.Stat. § 621.01, subd. 4 (1961)) (emphasis omitted). 1

Hofinann asserts that the Vredenberg court would have reached a different result for motor homes because while such moveable structures as railway cars and vessels were explicitly named in the pre-1963 burglary statute, motor homes were not. We disagree. In Vredenberg, the supreme court considered the statute’s evolution in rejecting the defendant’s argument that the legislature intended to exclude boats in amending the *375 definition of “building.” Id. The court ruled that a boat could still be “building” under the amended statute because the legislature intended only to streamline the definition and did not intend to change the substantive law as to the scope of the burglary statute. Id. (citing Gerou, 283 Minn. at 302, 168 N.W.2d at 17). In the end, the court applied the same test as it had in the cases involving fixed structures:

The test of what is a “building” is the same under the revised statute as it was under the old statute: Is the structure suitable for human shelter?

Id.

Thus, controlling precedent requires adherence to the statutory definition of “building” in applying the burglary statute, whether or not a fixed structure is involved. We hold that the motor home was a budding under sections 609.581 and 609.582.

2. Hofmann also argues that the trial court erred in admitting evidence of his past convictions for credibility impeachment purposes. Before trial, the court denied Hof-mann’s motion to suppress evidence of seven convictions: receiving stolen property, 1994; theft, 1992; attempted first-degree burglary, 1991; attempted receiving stolen property, 1990; theft, 1988; unauthorized use of a motor vehicle, 1987; and second-degree burglary, 1983.

Impeachment by evidence of prior conviction is governed by rule 609:

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Bluebook (online)
549 N.W.2d 372, 1996 Minn. App. LEXIS 660, 1996 WL 290949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hofmann-minnctapp-1996.