State v. Smith

901 N.W.2d 657, 2017 WL 3585107, 2017 Minn. App. LEXIS 102
CourtCourt of Appeals of Minnesota
DecidedAugust 21, 2017
DocketA16-1607
StatusPublished
Cited by1 cases

This text of 901 N.W.2d 657 (State v. Smith) 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. Smith, 901 N.W.2d 657, 2017 WL 3585107, 2017 Minn. App. LEXIS 102 (Mich. Ct. App. 2017).

Opinion

OPINION

RODENBERG, Judge

Appellant challenges her convictions of aiding and abetting first-degree aggravated robbery, aiding and abetting second-degree assault, aiding and abetting third-degree assault, and aiding and abetting simple robbery. She asserts that she is entitled to a new trial because the district court erred in its accomplice-liability instruction to the jury. Because the district court’s jury instruction did not misstate the law, we affirm.

FACTS

This case arises from an assault and robbery in the home of N.N. and A.M. on December 21, 2013. J.F. was there as a visitor. On that day, Chadric McKee struck N.N. three times in the head, fracturing N.N.’s jaw. McKee grabbed A.M. by the hair, • pointed a gun at her head, and demanded money. Finally, McKee approached J.F. with the gun in his hand and took her cash, prescription medication, and cell phone. A total of three cell phones were taken.

Appellant Daley Marie Smith was charged as McKee’s accomplice under Minn. Stat. § 609.05. At trial, the central issue was whether appellant is criminally liable for the crimes committed by McKee.

Appellant had repeatedly asked to borrow money from J.F. before the robbery. J.F. initially agreed to lend money to appellant, and then changed her mind. Appellant came to the home of N.N. and A.M. on December 21 to borrow money. J.F. was at the home, but hid in a bedroom under the pretense of not being home. Appellant left and tóld N.N. and A.M. that she would return later in the day. Appellant then called J.F. and asked when she would return home and if she had paid rent to A.M. and N.N.

Later that day, appellant returned to the home of N.N. and A.M., accompanied by McKee, whom N.N. and A.M. did not know. J.F. again retreated to the bedroom to avoid appellant. Upon entering the home with appellant, McKee pulled a bandana over his face and struck N.N.,three times in the head. A.M. testified that ap[660]*660pellant was standing between her and McKee in the hallway during part of the attack, and “was just kind of blocking my way so I couldn’t get [past] her.” Between McKee’s second and third strike to N.N.’s head, appellant, went to the bedroom where J.F. was hiding.

. J.F. heard the commotion and called 911 from a bedroom closet. Without ending the call with the emergency operator, J.F. stepped from the closet and saw appellant in the bedroom. J.F. testified that appellant looked surprised. When J.F. asked appellant what was going on, appellant said, “[McKee’s] going, crazy.” McKee approached the bedroom and stopped near the bedroom door, holding the gun in his hand. J.F. gave him her money, prescription pills, and cell phone,.which was still connected to 9li. J.F. testified that appellant stood by while this occurred, but did not demand or physically take any of the items. McKee and appellant left the house together. A.M. and J.F. testified that appellant did not appear upset when she left.1

The state charged appellant as an accomplice to first-degree aggravated robbery, second-degree assault, and third-degree assault. At trial, the district court instructed the jury on each of those offenses and the lesser-included offense of simple robbery. The district court included an accomplice-liability instruction with the instructions for each crime. The jury was instructed that a defendant’s presence constitutes aiding if “the defendant knew her alleged accomplices were going to or were committing a crime” and “intended that her presence and actions aid the commission of the crime.” This accomplice-liability instruction mirrored the CRIMJIG 4.01 instruction. 10 Minnesota Practice, CRIM-JIG 4.01 (Supp, 2016)..

The jury found appellant guilty of each charged offense. This appeal follows.

' ISSUE

Was the district court’s accomplice-liability instruction plainly erroneous?

ANALYSIS

Appellant argues that the. district court’s jury instruction constitutes plain error affecting her substantial rights and warrants a new trial. She challenges the district court’s jury instruction on 'accomplice liability as deviating from language used by the Minnesota Supreme Court in several prior cases to describe the knowledge element under Minn. Stat. §'609.05.' She alternatively argues that the instruction allowed her to be convicted for her mere presence at the scene of a crime.

The state’s theory at trial was that appellant enlisted McKee to assist her in stealing the money she had earlier requested to borrow from J.F. and that the two of them were accomplices from the outset of the robbery. The evidence is undoubtedly sufficient for the'jury to have found that this is what happened. But if appellant is correct that the jury instruction allowed the jury to find her criminally liable for crimes of .another beyond the scope of the accomplice-liability statute, then a new trial is warranted. Because the jury was only asked to decide if appellant was guilty or not guilty, the adequacy of the jury instruction is critically important.

Appellant did not object to the district court’s accomplice-liability instruction; we therefore review the instruction [661]*661for plain error. State v. Milton, 821 N.W.2d 789, 805 (Minn. 2012). “Under the plain-error doctrine, the appellant must show that there was (1) an error; (2) that is plain; and (3) the error affected substantial rights.” State v. Huber, 877 N.W.2d 519, 522 (Minn. 2016). “An error is plain if it was clear or obvious,” and an error is usually clear or obvious if it “contravenes case law, a rule or a standard of conduct.” State v. Ramey, 721 N.W.2d 294, 302 (Minn. 2006) (quotation omitted). If appellant satisfies her burden concerning the three elements of plain error, “we may correct the error only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Huber, 877 N.W.2d at 522 (quotations omitted).

District courts are afforded “broad discretion and considerable latitude in choosing the language of jury instructions.” Milton, 821 N.W.2d at 805 (quotation omitted). Appellate courts review jury instructions as a whole to determine whether the instructions accurately state the law in a manner that could be understood by the jury. State v. Kelley, 855 N.W.2d 269, 274 (Minn. 2014). The jury instructions must define the crime charged and explain the elements. Milton, 821 N.W.2d at 805. “To determine if a jury instruction correctly states the law, we analyze the criminal statute and the. case law under it.” State v. Taylor, 869 N.W.2d 1, 15 (Minn. 2015).

“A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.” Minn. Stat. § 609.05, subd. 1.

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Cite This Page — Counsel Stack

Bluebook (online)
901 N.W.2d 657, 2017 WL 3585107, 2017 Minn. App. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-minnctapp-2017.