State v. Packard

366 N.W.2d 721, 1985 Minn. App. LEXIS 4151
CourtCourt of Appeals of Minnesota
DecidedMay 7, 1985
DocketC8-84-1499
StatusPublished
Cited by7 cases

This text of 366 N.W.2d 721 (State v. Packard) 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. Packard, 366 N.W.2d 721, 1985 Minn. App. LEXIS 4151 (Mich. Ct. App. 1985).

Opinion

OPINION

POPOVICH, Chief Judge.

Appellant appeals his convictions for attempted first degree murder, first degree assault, two counts of first degree criminal sexual conduct, and his 180 month sentence for the attempted murder conviction. Appellant claims numerous trial court errors. We affirm.

FACTS

Appellant was convicted of attempted first degree murder, Minn.Stat. §§ 609.-185(1), 609.17, 609.11, first degree assault, Minn.Stat. §§ 609.221, 609.11, and two counts of first degree criminal sexual con-' duct, Minn.Stat. §§ 609.342(a), 609.342(e)(i), for the stabbing and sexual assault of Sue Ann Larson, a 12 year old girl, on December 16, 1983. The forty year old appellant knew Sue Ann and her mother, Sally Larson, for approximately five years. Appellant babysat Sue Ann on several occasions.

On December 16, 1983, appellant went to the Larson apartment to collect a $15.00 debt from Sally Larson. Sue Ann allowed appellant into the apartment to wait for her mother, and they watched television. Sandra Larson, Sally Larson’s sister, visited the apartment to check on Sue Ann twice after appellant arrived. Appellant asked Sandra Larson for the money Sally Larson owed him so he could leave the “fucking brat.”

After Sandra Larson’s second visit, Sue Ann went into her mother’s bedroom. Appellant followed her into the bedroom and put his hands around her throat. Sue Ann told appellant she was going to tell her mother he tried to kill her and went into the living room. Appellant went to the kitchen and returned with a butter knife. He waved the butter knife in Sue Ann’s face and said, “You’re not going to tell your mom I tried to kill you.” Appellant forced Sue Ann into her own bedroom, struck Sue Ann on the face, and placed his hands over her mouth. Appellant then removed Sue Ann’s slacks and underwear and inserted his finger into her vagina. Sue Ann passed out.

When Sue Ann regained consciousness, appellant was on top of her inserting something into her vagina. She fainted a second time. Sue Ann regained consciousness on her mother’s bed and thought that she had been stabbed. She passed out a third time.

Sue Ann awoke in her own bedroom and saw a butter knife coming at her. She raised her right hand to ward it off but was stabbed in the hand and repeatedly in the chest. Appellant left the bedroom and returned with a sharp-edged knife which he used to stab Sue Ann in the throat.

Sally Larson returned to the apartment at 10:15 p.m., approximately 10 minutes after appellant had fled. Upon seeing her mother, Sue Ann said, “Mom, Gary knifed me.” When Sally Larson asked “Gary who?,” Sue Ann responded, “You know, the one you were going to buy a camera from.” When the police arrived, Sue Ann could barely speak because she had lost approximately 2⅝ liters of blood and two of the stab wounds had punctured her lungs. She responded that “Gary” had done it.

On December 17, 1983, appellant called 911 to turn himself into the police. Appellant was arrested and transported to the Hennepin County Government Center for questioning. Minneapolis Police Investigator Hinchliff read appellant his Miranda *724 rights, and appellant indicated he understood those rights and was willing to talk. After talking about his lack of a permanent home, lack of employment and alcohol problem, appellant denied involvement in the attack. Appellant later stated, “I did it, I did it. Give me 60 years in jail. I want to go to jail right now.” When asked what he did, appellant replied that he stabbed Sue Ann Larson.

On December 19, 1983, Minneapolis Police Investigator Searles presented a photographic display to Sue Ann. The photographs were of seven white males, 30 to 40 years old, who had similar facial hair and features. Before giving the display to Sue Ann, Searles told her that he was going to show her a group of photographs and that if she saw Gary, the man who had attacked her, she should tell him what number was under his photograph. Sue Ann picked out the photograph of appellant.

ISSUES

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

2. Did the trial court abuse its discretion by excluding expert testimony concerning memory impairment and mental status examinations?

3. Did the trial court err by admitting appellant’s statements to the police?

4. Did the trial court err by admitting identification evidence?

5. Did the trial court abuse its discretion by sentencing appellant to a 180 month term for attempted first degree murder?

6. Is appellant entitled to have one of the two convictions for first degree criminal sexual conduct vacated?

7. Did error occur because a victim of sexual abuse was allowed to be a juror?

ANALYSIS

1. Sufficiency of evidence.

[A]n appellate court reviewing a claim of insufficiency of evidence, is required to interpret the evidence in the light most favorable to the verdict and must assume that the jury disbelieved any testimony conflicting with the result reached. Deference is given to jury verdicts and if the jury, giving due regard to the presumption of innocence and the state’s burden of proving guilt beyond a reasonable doubt, could reasonably have found defendant guilty, the verdict will not be upset.

State v. Parker, 353 N.W.2d 122, 127 (Minn.1984) (citations omitted); see also State v. Stokes, 354 N.W.2d 53, 56 (Minn.Ct.App.1984). On the night of the attack, Sue Ann informed both her mother and Officer Grout that appellant attacked her. Sue Ann later identified appellant as her assailant from a photograph display. Appellant was not a stranger to Sue Ann because he babysat her. Sue Ann testified appellant attacked and stabbed her. Finally, appellant admitted to Investigator Hin-chliff that he stabbed Sue Ann. The evidence is sufficient to sustain appellant’s convictions.

2. Exclusion of expert testimony.

To be admissible, expert testimony must be helpful to the jury in reaching its decision:

The basic requirement of Rule 702 is the helpfulness requirement. If the subject of the testimony is within the knowledge and experience of a lay jury and the testimony of the expert will not add precision or depth to the jury’s ability to reach conclusions about that subject which is within their experience, then the testimony does not meet the helpfulness test.

State v. Saldana, 324 N.W.2d 227, 229 (Minn.1982) (quoting State v. Helterbridle, 301 N.W.2d 545, 547 (Minn.1980)). The trial court has broad discretion in determining whether testimony by an expert should be admitted and will not be reversed unless it clearly abused its discretion. See Dunshee v. Douglas, 255 N.W.2d 42

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

Related

State v. Blair
474 N.W.2d 630 (Court of Appeals of Minnesota, 1991)
State v. Gonzalez
407 N.W.2d 472 (Court of Appeals of Minnesota, 1987)
State v. Pita-Iglesia
393 N.W.2d 524 (Court of Appeals of Minnesota, 1986)
State v. Sturm
391 N.W.2d 87 (Court of Appeals of Minnesota, 1986)
Fratzke v. Pung
378 N.W.2d 112 (Court of Appeals of Minnesota, 1985)
In Re the Alleged Chemically Dependent Galusha
372 N.W.2d 843 (Court of Appeals of Minnesota, 1985)
State v. Decker
371 N.W.2d 256 (Court of Appeals of Minnesota, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
366 N.W.2d 721, 1985 Minn. App. LEXIS 4151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-packard-minnctapp-1985.