State v. Lakin

378 N.W.2d 101, 1985 Minn. App. LEXIS 4727
CourtCourt of Appeals of Minnesota
DecidedDecember 3, 1985
DocketC3-85-1100
StatusPublished
Cited by2 cases

This text of 378 N.W.2d 101 (State v. Lakin) 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. Lakin, 378 N.W.2d 101, 1985 Minn. App. LEXIS 4727 (Mich. Ct. App. 1985).

Opinion

OPINION

RANDALL, Judge.

Appellant Peter Wayne Lakin was convicted of two counts of assault in the second degree, Minn.Stat. § 609.222 (1984). The charges arose out of a series of acts which culminated in appellant stabbing two roommates, but claiming self-defense. On appeal appellant contends that, as a matter of law, the evidence was insufficient to show he was not acting in self-defense. He also challenges the trial court’s imposition of consecutive sentences. We affirm the conviction and the sentence.

FACTS

In late 1984, appellant moved into a house near Rock Creek, Minnesota, with two friends, Billy Joe Pierce and Donnie Conklin. On January 11, 1985, the three spent the evening at home playing cards and drinking beer and whiskey with two other friends. After the two friends left, appellant went to his second floor bedroom.

At this point the recollections and oral testimony of appellant and the two victims, Pierce and Conklin, as to the events of that night differ sharply.

Pierce went up to appellant’s room. According to Pierce, he asked appellant to rejoin them in the kitchen to drink. The door flew open and appellant stabbed him in the stomach with a knife.

Appellant’s version differs drastically. He testified that Pierce pounded on and eventually kicked open the door. Appellant claimed he pushed Pierce out of his room and as Pierce got up, appellant grabbed a knife from beneath his pillow and told Pierce to leave. Pierce tried to shove appellant. Appellant poked Pierce with the knife once and then poked him a second time in the stomach. As he did so, Pierce stepped into the blade.

Pierce went downstairs to lie down on the couch and he told Conklin what happened. When appellant came downstairs, he stabbed Conklin as they wrestled on the floor. Appellant claimed that he brought his knife downstairs for protection because he expected Conklin to attack him for stabbing Pierce.

According to appellant, Conklin would not let appellant go for help and they again wrestled on the floor. Appellant admitted stabbing Conklin, but claimed he stabbed him in self-defense because he believed Conklin would use broken glass or appellant’s knife to stab appellant.

*103 Conklin testified that when appellant came down from his bedroom, Conklin asked appellant why he had stabbed Pierce. Conklin stated appellant denied stabbing Pierce. Then appellant unexpectedly stabbed Conklin. Conklin testified that he and appellant fell to the floor. Appellant got up first, said he would summon help, and left the house.

Appellant was charged with two counts of assault in the first degree, Minn.Stat. § 609.221, and two alternative counts of assault in the second degree Minn.Stat. § 609.222. At trial appellant claimed self-defense. The trial court instructed the jury on the charged offenses, as well as the lesser offense of assault in the third degree, Minn.Stat. § 609.223.

The jury acquitted appellant of the two counts of first degree assault but convicted him of two counts of second degree assault and two counts of third degree assault. Appellant was sentenced to consecutive terms of 21 months imprisonment for each second degree assault conviction. The trial court then dismissed appellant’s conviction for third degree assault pursuant to Minn. Stat. § 609.04 (1984).

ISSUES

1. Was the evidence sufficient to sustain appellant’s convictions?

2. Did the trial court abuse its discretion in imposing consecutive sentences?

ANALYSIS

I.

Sufficiency of the evidence

Appellant claims the jury should have disbelieved Pierce and Conklin and accepted his self-defense claim. Appellant states that what the victims told the investigating officers was inconsistent with what they testified to at trial. We agree that the victims’ versions to the officers were somewhat inconsistent with their trial testimony and with appellant’s version. However, the inconsistencies in the victims’ version of the events were highlighted both in cross-examination and defense counsel’s closing argument. Appellant’s counsel fairly and forcefully made the most of those inconsistencies on appellant’s behalf, but an attorney cannot force a jury to accept one side over the other. The jury resolves testimonial conflicts, State v. Lloyd, 345 N.W.2d 240, 245 (Minn.1984). Appellant concedes that on sufficiency of the evidence claims, appellate courts review evidence in the light most favorable to the State and may assume the jury chose to believe the State’s rather than appellant’s witnesses. State v. Brouillette, 286 N.W.2d 702, 705 (Minn.1979).

Both Pierce and Conklin testified the attacks were unprovoked. There was credible medical evidence showing substantial injuries. There was no solid corroboration for appellant’s claim that he felt in danger of bodily harm during the incidents. Even though appellant argues vigorously that he acted in self-defense, the record does not show that as a matter of law the victims had to be disbelieved and judgment of acquittal entered.

We hold the evidence sufficient to support the jury verdict.

II.

Consecutive sentences

Appellant was sentenced to two consecutive sentences of twenty-one months for each of the assaults against Pierce and Conklin. He claims the trial court erred in imposing consecutive sentences. The supreme court discussed an identical claim in State v. Montalvo, 324 N.W.2d 650 (Minn. 1982) stating:

Under the multiple-victim exception to the rule of Minn.Stat. § 609.035 [1980], which bars multiple sentencing in cases of multiple offenses committed as part of the same behavioral incident, the trial court may impose one sentence per victim in multiple victim cases so long as the multiple sentences do not unfairly exaggerate the criminality of the defendant’s conduct. Here the multiple sentences do not unfairly exaggerate the *104 criminality of defendant s conduct and therefore the consecutive sentencing was not barred by section 609.035.
The only other issue is whether the consecutive sentencing constituted a departure from the presumptive sentence requiring justification. The answer to this is provided by II.F. of the Sentencing Guidelines, which specifically provides that consecutive sentencing is not a departure in three situations, including “[w]hen the offender is convicted of multiple current felony convictions for crimes against different persons, and when the sentence for the most severe current conviction is executed according to the guidelines.” Stacking of mandatory prison terms is clearly permitted under State v. Profit, 323 N.W.2d 34 (Minn. 1982).
Since the consecutive sentencing was not barred by section 609.035 and was permitted by II.F.

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

Related

Economy Fire & Casualty Co. v. Iverson
426 N.W.2d 195 (Court of Appeals of Minnesota, 1988)
Lakin v. State
406 N.W.2d 616 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
378 N.W.2d 101, 1985 Minn. App. LEXIS 4727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lakin-minnctapp-1985.