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State v. Anderson

Supreme Court of Minnesota
Jul 6, 1984
351 N.W.2d 1 (Minn. 1984)

Summary

holding that an appellant claiming trial error had the burden of providing a complete transcript or equivalent record

Summary of this case from State v. Lewis

Opinion

No. C2-82-1638.

July 6, 1984.

Appeal from the District Court, Ramsey County, David E. Marsden, J.

Edward S. Wilson, Neighborhood Justice Center, Inc., St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Thomas J. Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.


Defendant was found guilty by a district court jury of charges of transfer of stolen property valued at $150 or more and theft by retaining stolen property valued at over $2,500, Minn.Stat. §§ 609.53, subd. 1(1), 609.52, subd. 2(1) and 3(2) (1980). The charges were based on defendant's selling a stolen 1978 Chevrolet Monza for $200 on November 10, 1981, to a store front undercover "sting" operation in Roseville run by the Ramsey County Sheriff's Department. The car, which the owner valued at $4,000, was stolen from an address in Minneapolis the day before, November 9. The trial court sentenced defendant for the offense of transfer of stolen property to an executed term of 44 months in prison, which is the presumptive sentence for a severity level VI offense by a person with a criminal history score of four. On appeal, defendant seeks a new trial on the ground that the trial court's instructions, given after the jury asked the court to repeat the instructions on the elements of the offenses, were not only different from the instructions to which defense counsel had tailored his closing argument but were confusing on the issue of what mental state defendant must have had in order for the jury to convict him of the offense of transfer of stolen property. Even if error was committed — an issue we do not decide — defendant is not entitled to any relief from the conviction. Normally, a criminal defendant cannot obtain a new trial on appeal by establishing that error occurred in the conduct of the trial unless he provides this court with a complete transcript or an appropriate stipulation concerning what would be disclosed by a complete transcript. Without such a transcript or stipulation, we cannot verify whether the error resulted in prejudice. State v. Engler, 319 N.W.2d 705 (Minn. 1982).

Affirmed.


Summaries of

State v. Anderson

Supreme Court of Minnesota
Jul 6, 1984
351 N.W.2d 1 (Minn. 1984)

holding that an appellant claiming trial error had the burden of providing a complete transcript or equivalent record

Summary of this case from State v. Lewis

holding claim of trial error could not be reviewed without transcript

Summary of this case from State v. Benter

holding claim of trial error could not be reviewed without transcript

Summary of this case from Craig v. State

holding that an appellant claiming trial error had the burden of providing a complete transcript or equivalent record

Summary of this case from State v. Nelson

affirming conviction when defendant provided no record showing prejudice that would entitle him to a new trial

Summary of this case from State v. Starway

affirming conviction when defendant provided no record showing prejudice that would entitle him to a new trial

Summary of this case from State v. Mincey

affirming conviction where defendant provided no record showing prejudice that would entitle him to a new trial

Summary of this case from State v. Clay

refusing to decide whether trial court erred in response it gave to juror's questions concerning the law because the defendant on appeal did not provide a complete transcript

Summary of this case from State v. Axford

refusing to decide whether trial court erred in response it gave to juror's questions concerning the law because the defendant on appeal did not provide a complete transcript

Summary of this case from State v. McMorris

stating that "[n]ormally, a criminal defendant cannot obtain a new trial on appeal" based on claim of trial error "unless he provides this court with a complete transcript" or a stipulation as to the record

Summary of this case from Wilson v. State
Case details for

State v. Anderson

Case Details

Full title:STATE of Minnesota, Respondent, v. Nathaniel ANDERSON, Appellant

Court:Supreme Court of Minnesota

Date published: Jul 6, 1984

Citations

351 N.W.2d 1 (Minn. 1984)

Citing Cases

Wilson v. State

After a thorough review of the limited record before us, we conclude that without a transcript of the trial…

Vanwert v. State

Minn.R.Civ.App.P. 110.01, 110.02, subd. 1; Minn.R.Crim.P. 28.02, subds. 8, 9; State v. Anderson, 351 N.W.2d…