State v. Larson

393 N.W.2d 238, 1986 Minn. App. LEXIS 4762
CourtCourt of Appeals of Minnesota
DecidedSeptember 16, 1986
DocketC6-85-2063
StatusPublished
Cited by9 cases

This text of 393 N.W.2d 238 (State v. Larson) 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. Larson, 393 N.W.2d 238, 1986 Minn. App. LEXIS 4762 (Mich. Ct. App. 1986).

Opinion

OPINION

RANDALL, Judge.

Appellant Clifford Larson appeals from the judgment and sentence for receiving stolen property, Minn.Stat. § 609.53, subd. 1(1) (1984), and from the denial of his subsequent post-trial motions. He claims the evidence was insufficient to sustain the conviction, that the trial court erred in its evidentiary rulings, that the trial court abused its discretion in ordering substantial restitution, and that the trial court erred in denying his request for work release privileges. Appellant also claims that the trial court erred in ordering the restitution docketed as a civil judgment. We affirm on all issues.

FACTS

Sometime between August 31 and September 11, 1984, five large metal bushings were taken from the Eveleth Taconite Company. These bushings were large, round, cylindrical objects used to lubricate shafts in the crusher operations and weighed approximately 1300 pounds each. Eveleth Taconite discovered the missing bushings and began an investigation. As part of its investigation, it sent out flyers, containing a description and photograph of the stolen bushings, to several scrap dealers in northeastern Minnesota and the Twin Cities.

According to Michael Silverman, manager of Great Western Iron and Metal Company in St. Paul, on September 10, 1984, he received a telephone request for a quotation on the price of brass. About an hour later the person he had talked to arrived in a flatbed truck with bushings. He was with two other men. They agreed on a price of .37 cents per pound and the man identified himself as Clifford Larson. Larson told Silverman he obtained the bushings from wrecking an old building. Larson received a check for $2364.30 for 6390 pounds of brass. Silverman identified the bushings from the flyer.

Investigation showed that the bushings purchased by Silverman were the ones stolen from Eveleth Taconite. Four of the bushings were brand new; all of them, however, had been damaged and made to appear old and used through the use of a power disc grinder and/or a chisel, hammer or blow torch. The damage to the bushings occurred on the areas containing identification (numbers, logos, insignias) and represented a considerable effort at preventing identification.

*241 Appellant was employed as a welder at his family business, McKenzie Welding. He testified that he found the bushings on September 9, 1984, in a large open area known as the “Spolarich Farm.” The Spo-larich Farm is a short distance from a main gate leading to Eveleth Taconite. Appellant said that he took the bushings because they appeared abandoned. He claimed he went back to McKenzie Welding, got a flatbed truck and hoisted the bushings onto the truck. He claimed he took them back to McKenzie Welding and left the next morning for the Twin Cities to try to sell the bushings. He said he did not compare prices with dealers on the Iron Range or other dealers in northern Minnesota. He claimed the two companions who were with him at the Great Western and Iron Company were hitchhikers he picked up near Carlton, Minnesota. Appellant did not know their names and was only able to give a general description of them. Appellant testified that after receiving the check from Great Western he immediately cashed it, dropped off the hitchhikers, went shopping, and returned home.

Appellant was charged with theft and receiving stolen property. He was convicted of receiving stolen property. He was sentenced to an 18 month term, execution was stayed and he was placed on probation for five years. Appellant was also fined $5000. The conditions of probation included paying restitution of $34,681 to Eveleth Mining and serving nine months at Northeastern Regional Correctional Center at Saginaw, Minnesota.

ISSUES

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

2. Did the trial court err in its evidentia-ry rulings?

3. Did the trial court err in setting the amount of restitution?

4. Did the trial court abuse its discretion in denying a request for work release under the Huber Law?

5.Did the trial court err in docketing the restitution order as a civil judgment pursuant to Minn.Stat. § 611A.04, subd. 3 (1984)?

ANALYSIS

I.

Sufficiency of the Evidence

Appellant claims the evidence was insufficient to support his conviction. We have reviewed the record and find sufficient evidence to support the jury verdict. Appellant’s claim that he lacked the requisite intent was vigorously argued by defense counsel but rejected by the jury. Appellant did not deny he had possession of the stolen bushings or that he sold them for scrap. Appellant’s sufficiency claim centers around his position that he presented the jury with a reasonable alternative other than willful theft.

Appellant notes that through his testimony and that of other witnesses the jury heard evidence that some employee working for Eveleth Taconite could have stolen the bushings and could have taken them in a company truck to the field in question and dumped them there intending to return later. Appellant argues that employee theft is a reasonable explanation for how the bushings got to the field where he claimed he found them abandoned. Appellant contends that since the State did not disprove this theory, the evidence was insufficient as a matter of law to convict him since the State’s case was wholly circumstantial. Thus, he argues, if there are two equally consistent inferences to be drawn from the evidence, the jury must be instructed in a case involving only circumstantial evidence that the defendant is entitled to the benefit of the doubt and should be acquitted.

The problem with appellant’s theory is that it is premised on the notion that if a jury is presented with what a defendant feels is a reasonable explanation of what occurred, the jury somehow must believe it. That is not the law. A defendant is entitled to present whatever theories of *242 defense which can be justified from the evidence to the jury. The jury is not obligated to believe any particular witness’s testimony when it involves facts susceptible of differing interpretations. It is apparent from the verdict that the jury failed to accept the defense’s theory of the case and felt that the State established the essential elements of the crime. The jury was properly instructed and we will not disturb its verdict. See State v. Merrill, 274 N.W.2d 99, 111 (Minn.1978); State v. Brown, 376 N.W.2d 451 (Minn.Ct.App.1985).

II.

Evidentiary Rulings

Appellant challenges some of the trial court’s evidentiary rulings. We find no abuse of discretion or prejudicial error.

Expert Qualifications

James Rossi, an Eveleth Taconite Company employee for 20 years, was a mine engineering technician whose job included making maps and doing volumetric surveys. The maps are made daily. He testified that in drawing up the maps of Evel-eth’s property, he had to become familiar with the general boundaries of its property.

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Cite This Page — Counsel Stack

Bluebook (online)
393 N.W.2d 238, 1986 Minn. App. LEXIS 4762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-larson-minnctapp-1986.