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State v. Stevenson

Supreme Court of Minnesota
Nov 23, 1979
286 N.W.2d 719 (Minn. 1979)

Summary

holding that both acts of third-degree criminal sexual conduct were separate offenses and not part of a single behavioral incident even though both offenses were committed against the same victim, occurred in the same place, and separated by five hours

Summary of this case from State v. Brown

Opinion

No. 49200.

November 23, 1979.

Appeal from the District Court, Nobles County, Harvey A. Holtan, J.

C. Paul Jones, Public Defender, and Evalynn B. Welling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Harris I. Darling, County Atty., Worthington, for respondent.

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


Defendant was found guilty by a district court jury of having committed two separate acts of criminal sexual conduct in the third degree against a 15-year-old girl whom he and his wife had taken to an abandoned farmhouse, which they claimed they were leasing. The trial court sentenced defendant to two consecutive maximum terms of 5 years each. Defendant, on this appeal, challenges the sufficiency of the evidence and the propriety of multiple punishment. We affirm.

Defendant's contention that the evidence of his guilt was legally insufficient is meritless.

A closer issue, but one which we also resolve against defendant, is that raised by the contention that in sentencing him to two terms the trial court violated § 609.035, which bars multiple punishment of a defendant for multiple offenses arising from the same behavioral incident. While the offenses both involved coerced sexual intercourse with the same 15-year-old girl and both occurred in the same general place and on the same day, the offenses were separated by a period of approximately 5 hours and neither act bore any essential relationship to the other. Further, the underlying purpose of § 609.035 is to prevent punishment which is disproportionate to the culpability of the defendant. Here, we are satisfied that multiple punishment of defendant is not barred by the statute and is consistent with the purpose of the statute. See, State v. Shevchuk, 282 Minn. 182, 163 N.W.2d 772 (1968).

Affirmed.


Summaries of

State v. Stevenson

Supreme Court of Minnesota
Nov 23, 1979
286 N.W.2d 719 (Minn. 1979)

holding that both acts of third-degree criminal sexual conduct were separate offenses and not part of a single behavioral incident even though both offenses were committed against the same victim, occurred in the same place, and separated by five hours

Summary of this case from State v. Brown

holding that "while the offenses both involved coerced sexual intercourse with same 15-year-old girl and both occurred in the same general place and on the same day, the offenses were separated by a period of approximately 5 hours and neither act bore any essential relationship to the other"

Summary of this case from State v. Demetrius Coleman

holding that, while offenses both involved coerced sexual intercourse with same 15-year-old girl and both occurred in same general place on the same day, the offenses were separated by a period of approximately five hours and neither act bore any essential relationship to the other

Summary of this case from State v. Jackson

holding that while offenses both involved coerced sexual intercourse with same fifteen-year-old girl and both occurred in same general place on the same day, the offenses were separated by a period of approximately five hours and neither act bore any essential relationship to the other

Summary of this case from State v. Phrachansiry

finding two acts of criminal sexual conduct against victim, occurring in the same location but separated by five hours, bore no essential relation to each other and did not form single behavioral incident

Summary of this case from State v. Rosillo

concluding that multiple offenses separated by approximately five hours did not occur at substantially same time

Summary of this case from State v. Blanchard

concluding that sentences did not violate section 609.035 when, "[w]hile the offenses both involved coerced sexual intercourse with the same 15-year-old girl and both occurred in the same general place and on the same day, the offenses were separated by a period of approximately 5 hours and neither act bore any essential relationship to the other"

Summary of this case from State v. Beaulieu

upholding consecutive sentences for convictions of two counts of criminal-sexual-conduct based on contacts with the same victim over a five-hour period

Summary of this case from State v. Johnson

upholding consecutive sentences for convictions of two counts of criminal sexual conduct based on contacts with the same victim over a five-hour period

Summary of this case from State v. Lange

affirming sentence for two counts of criminal sexual conduct for two contacts five hours apart

Summary of this case from State v. Hudson

affirming sentence for two counts of criminal sexual conduct for two contacts five hours apart

Summary of this case from State v. Suhon

affirming sentence of defendant convicted of two counts of third-degree criminal sexual conduct for contacts in same general place approximately five hours apart when "neither [contact] bore any essential relationship to the other"

Summary of this case from State v. Campbell

rejecting the defendant's single-criminal-objective argument for offenses that "were separated by a period of approximately 5 hours and neither act bore any essential relationship to the other"

Summary of this case from State v. Degroot

In State v. Stevenson, 286 N.W.2d 719 (Minn. 1979), we held that two acts of coerced sexual intercourse with a 15-year-old girl that took place on the same day and in the same general place did not arise from a single behavioral incident because the offenses were separated by a period of approximately 5 hours and were unrelated.

Summary of this case from Langdon v. State

In Stevenson, which is a pre-Guidelines case, the defendant and his wife persuaded a 15-year-old girl to accompany them to a farm.

Summary of this case from State v. Herberg

In Stevenson, the defendant was convicted of two separate counts of third-degree criminal sexual conduct involving a 15 year old girl who was kidnapped and driven by the defendant and his wife to an abandoned farmhouse.

Summary of this case from State v. Enderle

observing that although two offenses involved coerced sexual intercourse with fifteen-year-old girl and occurred in same general place on same day, offenses were separated by about five hours and bore no essential relationship to each other

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

State v. Stevenson

Case Details

Full title:STATE of Minnesota, Respondent, v. Ronald DeWayne STEVENSON, Appellant

Court:Supreme Court of Minnesota

Date published: Nov 23, 1979

Citations

286 N.W.2d 719 (Minn. 1979)

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