OPINION REILLY , Judge . In this pretrial appeal, appellant State of Minnesota challenges the district court's dismissal of a contempt-of-court charge. The state argues that the plain language of Minn.Stat. 588.20, subd. 2(4) (2012), gives the prosecutor authority to charge a defendant with contempt after the defendant violates a condition of probation contained in the sentencing order. We affirm. FACTS In December 2013, the Polk County district court convicted and sentenced respondent...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). BJORKMAN, Judge. Appellant challenges the district court's denial of his motion to correct his sentence on the ground that his ten-year conditional-release period is not authorized by the applicable sentencing statute. We affirm. FACTS In July 2005, the state charged appellant Michael Ray Whipple with two counts of third-degree criminal sexual conduct...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). LARKIN, Judge. Appellants challenge the district court's judgment dismissing their legal-malpractice complaint against respondents under Minn. R. Civ. P. 12.02(e) and 12.03. We affirm. FACTS This appeal stems from appellants Carroll A. Britton and Harold B. Kail's 1 legal-malpractice action against respondents Harry Hohman and Harry Hohman Law Firm Ltd....
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). ROSS, Judge. Darnell Cox drove a stolen car and pleaded guilty to motor vehicle theft. The district court ordered him to pay the victim $744.60 in restitution. Cox appeals the district court's restitution order, arguing that his conduct leading to his conviction did not cause the victim's losses and that the district court failed to consider his inability to...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). HUSPENI, Judge. In this appeal challenging a sentencing departure imposed under a plea agreement, appellant argues that the departure is unlawful because the only reason the district court gave for the departure was the parties' agreement. We affirm. FACTS A grand jury indicted appellant Terelle Eugene Shaw on one count of first-degree premeditated murder...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). WORKE, Judge. Appellant challenges the district court's denial of his petition to withdraw his guilty plea. We affirm. FACTS On November 28, 2007, appellant German N. Salgado Velasquez pleaded guilty to fifth-degree domestic assault. He was represented by counsel, completed and signed a petition to plead guilty, and was questioned by the district court...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HALBROOKS, Judge. On appeal from the revocation of his probation, appellant argues that the district court abused its discretion because the evidence does not establish that the need for his confinement outweighs the policies favoring probation. We affirm. FACTS On August 31, 2012, appellant Ian Charles Montana demanded money from a victim, told the victim...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). PETERSON, Judge. In this appeal from a partial-summary-judgment order that discharges notices of lis pendens, respondent argues that the order is not appealable, and appellant argues that the district court erred by granting summary judgment when there are genuine issues of material fact as to whether respondent was unjustly enriched by a loan that appellant...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). LARKIN, Judge. Appellant watershed board managers challenge the summary-judgment dismissal of their defamation action against respondents, who are also watershed board managers. By notice of related appeal, respondents challenge the district court's denial of their request for summary judgment under Minnesota's anti-SLAPP law. Because appellants are public...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). CRIPPEN, Judge. Appellant Caroline Jochum challenges a guilty verdict of theft under Minn. Stat. 609.52, subd. 2(1) (2010), arguing that there was insufficient evidence of the theft or that there was insufficient evidence to show that the value of the stolen items was in excess of $1,000. Because there was sufficient evidence to support the verdict, we...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HOOTEN, Judge. Appellant challenges the district court's order requiring him to register as a predatory offender, contending that the charged predatory offenses and the three non-predatory offenses of which he was convicted do not arise from the same set of circumstances. Because the offenses do not arise from the same set of circumstances, we reverse the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). HUDSON, Judge. On appeal from his conviction of theft and fleeing a peace officer, appellant challenges his sentence, arguing that the district court erred by (1) imposing a felony-level sentence for the theft conviction, (2) ordering unauthorized restitution, and (3) sentencing the offenses out of order. Because the record supports a felony-level theft...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HALBROOKS, Judge. Appellant-trustee challenges the district court's dismissal of this wrongful-death medical-malpractice action arising out of her sister's death from cancer contracted from a donated organ. Appellant asserts that the district court erred by determining as a matter of law that it was not foreseeable that the decedent would contract cancer...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). REYES, Judge. Appellant challenges the revocation of his driver's license under the implied-consent law, arguing that the district court erred by denying his motion to suppress the alcohol-concentration evidence obtained from a warrantless breath test. We affirm. FACTS On August 20, 2008, Trooper Mike LeDoux pulled appellant William Michael Haugen over for...
OPINION HOOTEN , Judge . In this appeal from a judgment in a Federal Employers' Liability Act (FELA) action, appellant BNSF Railway Company challenges the district court's award of costs and disbursements to respondent Terry Boyd, arguing that: (1) Minn. R. Civ. P. 68.03(b)(2), which permits enhanced costs based on the rejection of a settlement demand, is preempted by FELA; and (2) the district court abused its discretion by awarding certain expert costs. Because the Minnesota rule is not...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). CRIPPEN, Judge. Appellant Travis Andersen disputes his convictions of felony fourth-degree assault and gross misdemeanor obstructing legal process with force, arguing that he was improperly removed from the courtroom during trial just as he was about to testify, and that the district court erred in imposing multiple sentences where his convictions arose out...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). CRIPPEN, Judge. Challenging his conviction of first-degree criminal sexual conduct, appellant's primary contention centers on his spouse's decision not to testify after she recanted an accusatory statement to police. He alleges that the state threatened to prosecute his spouse if she testified and thereby violated his constitutional right to present a full...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). ROSS, Judge. Minneapolis police conducting drug-deal surveillance watched Levi Braziel engage in multiple hand-to-hand street transactions and found nine rocks of cocaine in a tissue Braziel tossed aside when he saw officers approaching. On the morning of his trial for third-degree sale and fifth-degree possession of a controlled substance, Braziel asked for...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). RODENBERG, Judge. Appellant Carl Antonio Wilks challenges his conviction for two counts of second-degree assault with a dangerous weapon, arguing that the district court erred in declining to instruct the jury on self-defense. He also challenges the district court's requirement that he register as a predatory offender. We affirm. FACTS Appellant was...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). PETERSON, Judge. In this appeal from a conviction of possession of a firearm by an ineligible person, appellant argues that due process requires reversal of his conviction, which was based on a 2001 California conviction of assault with a deadly weapon, because the California court did not list as a condition of his probation that he could not possess...
