SPECIAL TERM OPINION CLEARY , Chief Judge . In this appeal from a judgment determining damages in an eminent domain proceeding, appellants Sandip C. Bhakta, et al., seek to raise evidentiary issues pertaining to the denial of three of appellants' motions in limine, and an additional issue relating to the district court's offset against the damages award for unpaid real estate taxes. Appellants did not move for a new trial. The general rule is that to preserve issues for appellate review...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). HOOTEN , Judge . Appellant challenges the district court's revocation of his probation and execution of his sentences, arguing that the district court abused its discretion by failing to sufficiently find the third Austin factor, which requires the need for confinement to outweigh the polices favoring probation. See State v. Austin, 295 N.W.2d 246 ,...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). JESSON , Judge . Respondent Erin Aasen and her husband Robert Aasen owned property in joint tenancy. Several creditors, including appellant A.H. Bennett Company, had judgments entered against Mr. Aasen, but the judgment liens did not attach to the Aasens' property because of the homestead exemption. The Aasens separated, and Ms. Aasen filed for...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). FLOREY , Judge . Appellant pleaded guilty to second-degree burglary after stealing property from a hotel room. He now challenges his conviction, arguing that a hotel room does not fall under the definition of a "building" for purposes of the burglary statute. We disagree and affirm. FACTS On September 25, 2016, appellant Darren Clinton snuck into a...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). RODENBERG , Judge . Appellant challenges the district court's denial of his presentence plea-withdrawal motion, arguing that the district court erred by failing to evaluate the motion under the fair-and-just standard. Alternatively, appellant argues that his guilty plea was invalid because the district court impermissibly involved itself in plea...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). JESSON , Judge . As appellant Ladena Pacheco discovered, keeping a rental car past the agreement's expiration date can lead to criminal liability. After failing to return a rental car when it was due, Pacheco pleaded guilty to theft of rental property with indifference to the owner's rights. The district court accepted the guilty plea and convicted her....
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). WORKE , Judge . Appellant challenges the sufficiency of the evidence supporting his first-degree criminal-sexual-conduct conviction. We affirm. FACTS On January 11, 2016, Officer Chase Tao met with the family of 10-year-old G.M. who reported that she had been sexually abused by her stepfather, 1 appellant Juan Manuel Ortega-Rodriguez. G.M.'s mother, M....
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). TRACY M. SMITH , Judge . Appellant Donald Allen Ellis appeals from the district court's order denying, in part, his motion for corrected sentence under Minn. R. Crim. P. 27.03, subd. 9. In sentencing Ellis for felony identity theft, the district court had initially imposed a double upward departure based on two aggravating factors, both of which were...
OPINION BJORKMAN , Judge . Appellant challenges the denial of his petition to expunge a dismissed charge, arguing that he is presumptively entitled to expungement and the district court abused its discretion by determining that the Metropolitan Airport Commission (MAC), which opposed the petition, successfully rebutted that presumption. We reverse and remand for entry of an order of expungement. FACTS In September 2014, appellant A.S.R. was charged with providing false identification to...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). REILLY , Judge . Appellant challenges his convictions of second-degree driving while impaired (DWI), arguing that the jury lacked sufficient evidence to sustain his convictions and that the district court abused its discretion by denying his requested jury instruction explaining physical control and inoperable vehicles. We affirm. DECISION A jury found...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). ROSS , Judge . The Carver County Board of Commissioners granted DG Minnesota CSG 2 LLC a conditional-use permit to construct a solar farm in an area of the county zoned as "Agricultural/Shoreland Overlay District." Neighboring landowners argue in this certiorari appeal that a large solar energy system is a prohibited use in the district and that the board...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). RODENBERG , Judge . Appellant Maurice Curtis Brown challenges his convictions for stalking and threats of violence, arguing that the district court plainly erred by admitting irrelevant and prejudicial evidence of his racial attitudes and his alleged status as a drug dealer, that the district court erred by admitting two incidents of his past behavior as...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). TRACY M. SMITH , Judge . During a search of appellant Jesus Octavio Peralta's home, probation officers discovered multiple bullets and a bag containing methamphetamine in his shared bedroom. Peralta challenges his subsequent convictions of felon in possession of ammunition and fifth-degree possession of a controlled substance, arguing that (1) the felon-...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). REILLY , Judge . Appellant Andre Jones challenges the postconviction court's denial of his petition for relief, arguing that he received ineffective assistance of counsel and that the postconviction court abused its discretion by denying his petition without an evidentiary hearing. We affirm. DECISION I. A person convicted of a crime may petition the...
OPINION FLOREY , Judge Appellant challenges the district court's vacation of his stay of imposition and execution of a presumptively stayed sentence under the Minnesota Sentencing Guidelines based on a probation violation. Appellant argues that the district court imposed an upward dispositional departure in violation of his Sixth Amendment right to a jury trial as recognized in Blakely, 542 U.S. 296 , 124 S.Ct. 2531. We disagree and affirm the district court. FACTS In July 2012,...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). TRACY M. SMITH , Judge . On certiorari appeal from respondent-board's denial of a conditional use permit (CUP) for a large solar-energy system, relator argues that the decision was arbitrary, capricious, and unreasonable. Relator contends that (1) the reasons cited for denial were not based on the ordinance or supported by the evidence and (2) the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). PETERSON , Judge . Appellant doctor argues that the district court (1) improperly granted summary judgment on his claims that respondent medical board and other respondents violated his rights under the Minnesota Government Data Practices Act (MGDPA) and (2) abused its discretion by denying his motions to amend his complaint and to compel production of...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). REYES , Judge . Relators appeal respondent Goodhue County Board of Commissioners' decision to grant a conditional-use permit to respondent Circle K Family Farms for construction of a hog-confinement facility. We affirm. FACTS Relators appeal the Goodhue County Board of Commissioners' (the county board) decision to grant a conditional-use permit (CUP) to...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). CLEARY , Chief Judge . In this appeal from an order denying postconviction relief, appellant Wilson Nduri Tindi challenges the district court's denial of his postconviction petition, arguing that he received ineffective assistance of counsel because his trial attorney failed to warn him of the immigration consequences of his guilty plea, and that the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). HOOTEN , Judge . Appellant challenges the district court's order for summary judgment dismissing his claims of racial discrimination and reprisal against respondent. He argues that the district court erred by narrowly construing the Minnesota Human Rights Act (MHRA) and by making inferences in favor of respondent's evidence while disregarding his evidence....
