UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). REILLY , Judge . Appellant challenges his delinquency adjudication for first-degree criminal sexual conduct, arguing that the district court (1) abused its discretion in conducting an inadequate competency hearing with the child complainant and (2) erred by refusing to continue the case without adjudication. We affirm. FACTS The state filed a juvenile...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). REYES , Judge . Appellant argues that her conviction must be reversed because insufficient evidence supported her conviction of deprivation of parental rights and, in the alternative, that the district court abused its discretion in admitting relationship evidence at trial. We reverse. FACTS The underlying facts of this case stem from a family court...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). RODENBERG , Judge . Appellant Jose Luis Gutierrez appeals from the district court's order indeterminately civilly committing him as a sexually dangerous person (SDP) and as a sexual psychopathic personality (SPP). We affirm. FACTS Appellant was born in Brooklyn, New York, in 1973. He came to Minnesota in 1996 to avoid prosecution for an assault...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). HOOTEN , Judge . In his appeal from the district court's denial of his petition for postconviction relief, appellant argues that the district court abused its discretion by failing to grant an evidentiary hearing on his petition and by failing to consider his second amended petition for relief. We affirm. FACTS Appellant John Woodward was convicted of...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). FLOREY , Judge . Appellant Jesse Romeo Singh appeals his conviction of possession of a firearm or ammunition by an ineligible person, in violation of Minnesota Statutes section 609.165, subdivision 1b(a) (2016). Singh argues that a 911 call used as evidence against him at trial was hearsay, and the district court erred by admitting it without considering...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). BRATVOLD , Judge . Appellant challenges his judgment of conviction for first-degree criminal sexual conduct. Appellant is married to the victim, who called 911 and reported that appellant had raped her and threatened her life; the victim made similar statements to a police officer, and to a sexual assault nurse. The victim also described the assault to a...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). CLEARY , Chief Judge . In these consolidated appeals, appellant-mother challenges the termination of her parental rights to Child Three and the transfer of legal and physical custody of Child One and Child Two from mother to their father. On appeal, she argues that: (1) respondent Ramsey County Social Services Department failed to make reasonable...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). REYES , Judge . Appellant challenges his conviction of possession of a firearm by an ineligible person, arguing that the district court plainly erred by providing a no-adverse-inference instruction to the jury regarding his decision not to testify without first obtaining his on-the-record consent to giving such an instruction. We affirm. FACTS On...
UNPUBLISHED OPINION This opinion will be published and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). STAUBER , Judge . Appellant commissioner of public safety (the commissioner) appeals the district court's rescission of respondent Brian Paul Keller's license revocation, arguing that (1) the implied-consent advisory did not violate respondent's due-process rights; (2) respondent voluntarily consented to the warrantless blood test; and (3) even if...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). CONNOLLY , Judge . Appellant, pro se, challenges the district court's denial of his motion to correct his sentence and for postconviction relief arguing that: (1) he was convicted under the wrong statute; (2) he received an illegal sentence which violated double jeopardy; (3) his criminal-history score was improperly calculated; (4) the restitution order...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). ROSS , Judge . Andrew Hegranes shot two men, killing one, while attempting to rob them in 2003. He pleaded guilty to second-degree murder and two counts of assault with a firearm in exchange for a reduced prison sentence. The district court sentenced him to 308 months in prison on the murder conviction and 36 months on each assault conviction. After 13...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). RANDALL , Judge . * In this direct appeal from judgments of conviction for ineligible person in possession of a firearm and receiving stolen property, appellant Antonio Albert Schally argues that (1) the district court erred in permitting a witness to identify him in court after police showed the witness an impermissibly suggestive photo; (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). TRACY M. SMITH , Judge . Appellant Maxim Rhone challenges her civil commitment as mentally ill and dangerous, arguing that the district court erred in finding that she had engaged in overt acts demonstrating that she presents a clear danger to the safety of others. Rhone contends that her killing of her former roommate was not an overt act within the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). JOHNSON , Judge . Phillip Julius Butenhoff Jr. pleaded guilty to one count of first-degree burglary and two counts of threats of violence. Before sentencing, he moved for a downward departure. The district court denied the motion and imposed concurrent, executed sentences on all three counts. We conclude that the district court did not abuse its...
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 Pao Choua Xiong appeals after he was convicted of first-degree criminal sexual conduct, arguing that the district court erred by failing to administer an oath to the testifying eight-year-old sexual-assault victim and admitting evidence of appellant's drug and alcohol use as relationship evidence. Appellant further claims...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). HALBROOKS , Judge . Appellant challenges his convictions of felony violation of an order for protection (OFP). He argues that the district court abused its discretion by admitting overly prejudicial and cumulative relationship evidence and that the failure to provide a limiting instruction on the proper use of relationship evidence during final jury...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). HALBROOKS , Judge . Appellant challenges his conviction of malicious punishment of a child, arguing that the evidence is insufficient to establish that he used unreasonable force when disciplining the child. We affirm. FACTS On September 22, 2016, appellant Levon Elias Jackson received a call that D.T., the son of his fianc e, G.G., was misbehaving in...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). CONNOLLY , Judge . Appellant challenges his felony conviction for violation of a domestic abuse order for protection (OFP) arguing that he should be entitled to a new trial because the district court abused its discretion when it admitted relationship evidence and that it committed plain error when it failed to provide the jury with a specific unanimity...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). CONNOLLY , Judge . Appellants challenge the district court's decision to grant respondent's petition for expungement, arguing that the district court (1) erred in determining that her 2004 and 2005 convictions were eligible for expungement, (2) improperly shifted the burden of proof to appellants, (3) abused its discretion in weighing the expungement...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). CONNOLLY , Judge . Appellant challenges the district court's order transferring permanent sole legal and physical custody of her child to respondent father, arguing that the district court abused its discretion when it excluded relevant evidence and the exclusion of that evidence was prejudicial, warranting a new trial. Appellant also argues that the...
