From Casetext: Smarter Legal Research

State v. Zernechel

Supreme Court of Minnesota
Apr 17, 1981
304 N.W.2d 365 (Minn. 1981)

Summary

holding that evidence was sufficient to sustain second-degree criminal-sexual-conduct conviction—fear of imminent great bodily harm, when female tenant awoke during sexual assault by neighbor

Summary of this case from State v. Motley

Opinion

No. 51765.

April 17, 1981.

Appeal from the District Court, Blue Earth County, L. J. Irvine, J.

Blethen, Gage, Krause, Blethen, Corcoran, Berkland Peterson, Mankato, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen, Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, John Corbey, County Atty., Mankato, for respondent.

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


Defendant was charged with burglary, attempted criminal sexual conduct in the first degree, and criminal sexual conduct in the second degree, Minn.Stat. §§ 609.58, subd. 2(1)(b), 609.17, subd. 4, 609.342(c), 609.343(c) (1980), for allegedly entering a dwelling without consent of the female tenant and for having sexual contact with her and for attempting to sexually penetrate her after causing her to have a reasonable fear of imminent great bodily harm. A district court jury found defendant not guilty of the attempt charge but guilty of the burglary and the second-degree criminal sexual conduct. The trial court sentenced defendant to a limited maximum prison term of 5 years. Issues raised by defendant on his appeal from judgment of conviction relate to sufficiency of the evidence, use of one of defendant's prior convictions to impeach his credibility, propriety of the instructions on criminal sexual conduct, and adequacy of representation by defendant's trial lawyer. We affirm.

1. Defendant's first contention is that the evidence was insufficient. The defense conceded that someone had unlawfully entered the complainant's apartment and that some sort of sexual assault had occurred but contended that defendant was not the intruder and that complainant's testimony failed to show that the intruder took a substantial step toward achieving sexual penetration or that complainant reasonably feared imminent great bodily harm. The jury agreed with the defense concerning the attempt, but disagreed on the other points. Our examination of the record satisfies us that the evidence was sufficient on those points. Complainant had an adequate opportunity to see the intruder and hear his voice and she immediately recognized him as defendant, who had lived in the apartment below hers as late as 3 weeks before the incident. We are also satisfied that the jury was justified in finding that complainant experienced fear of imminent great bodily harm and that, under all the circumstances, this fear was reasonable. State v. Ashland, 287 N.W.2d 649 (Minn. 1979); Peterson v. State, 282 N.W.2d 878 (Minn. 1979).

2. Defendant's next contention concerns the trial court's decision to permit use of one of his prior convictions, a conviction for felonious possession of a controlled substance, to impeach him when he testified. The conviction "arguably had very little relevance to the truth-seeking process or to defendant's credibility as a witness," State v. Taylor, 264 N.W.2d 157, 157 (Minn. 1978), but our examination of the record satisfies us that defendant was not prejudiced by the admission of the evidence. State v. Kinyon, 302 N.W.2d 27 (Minn. 1981); State v. Knight, 295 N.W.2d 592 (Minn. 1980).

3. Defendant's contention that the trial court's instructions were misleading is based on the fact that the trial court instructed the jury on the definition of "force" when "force" was not an element of either of the sex charges. We are satisfied that the instruction, which was superfluous, did not mislead the jury and that the jury was fully aware of the elements necessary to conviction. State v. Anderson, 292 N.W.2d 735 (Minn. 1980); State v. Hebert, 295 Minn. 522, 202 N.W.2d 884 (1972).

4. Defendant's final contention is that his privately-retained trial attorney failed to represent him effectively. Generally, an appeal from a judgment of conviction, such as this, is not the most appropriate way of raising an issue concerning the effectiveness of the trial counsel's representation because we do not have the benefit of all the facts concerning why defense counsel did or did not do certain things. Defendant, aware of this, nonetheless contends that the record on this appeal mandates the conclusion that defense counsel failed to represent him adequately at trial. We hold otherwise.

Affirmed.


Summaries of

State v. Zernechel

Supreme Court of Minnesota
Apr 17, 1981
304 N.W.2d 365 (Minn. 1981)

holding that evidence was sufficient to sustain second-degree criminal-sexual-conduct conviction—fear of imminent great bodily harm, when female tenant awoke during sexual assault by neighbor

Summary of this case from State v. Motley

holding that under all the circumstances, complainant's fear of imminent great bodily harm was reasonable

Summary of this case from State v. Noble

concluding that as long as the evidence of the prior felony does not unduly prejudice the defendant, a prior felony that has little bearing on the truth-seeking process of credibility is admissible

Summary of this case from State v. Dunn

affirming conviction when victim immediately recognized her attacker as former tenant of apartment building

Summary of this case from State v. Johnson

rejecting the defendant's ineffective assistance of counsel claim because of failure to raise below

Summary of this case from State v. Duffers

rejecting defendant's ineffective assistance claim because of failure to raise below

Summary of this case from State v. Garritsen

recognizing that claim for ineffective assistance in a postconviction appeal, instead of a direct appeal, provides more fully developed record

Summary of this case from Knox v. State

stating that "it is true that the informant admitting having bought marijuana from defendant, so we know that the informant was someone who apparently had used marijuana. However, we have said that a conviction of simply possessing a controlled substance arguably has little probative value on the issue of a witness' credibility."

Summary of this case from State v. Stark

observing that ineffective-assistance-of-counsel challenges are disfavored on direct appeal from conviction "because we do not have the benefit of all the facts concerning why defense counsel did or did not do certain things"

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

State v. Zernechel

Case Details

Full title:STATE of Minnesota, Respondent, v. Donald F. ZERNECHEL, Appellant

Court:Supreme Court of Minnesota

Date published: Apr 17, 1981

Citations

304 N.W.2d 365 (Minn. 1981)

Citing Cases

State v. Garritsen

We conclude that the application of the Jones factors supports the admissibility of the prior convictions.…

Roby v. State

Generally, a direct appeal from a judgment of conviction is not the most appropriate way to raise a claim of…