Minnesota Court of Appeals, 1985

In re the Welfare of B.R.H.

Minnesota Court of Appeals · Decided April 30, 1985 · Huspeni, Lansing, Popovich, Waived

367 N.W.2d 83; 1985 Minn. App. LEXIS 4104 (North Western Reporter, Second Series)

Counsel

Robert J. Lawton, St. Paul, for B.R.H., Hubert H. Humphrey, III, Atty. Gen., Michael K. Jordan, Sp. Asst. Atty. Gen., St. Paul, William Klumpp, Washington County Atty., Stillwater, for State.

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(as of 9/30/2026)

Cites Minnesota statutes amended since this decision

Minn. Stat. § 609.344 — amended 1986

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Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Minn. Stat. § 609.344

Opinion of the Court

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

B.R.H. was adjudicated delinquent for attempting to sexually assault a 13-year-old girl, Minn.Stat. §§ 609.344(c), 609.17, subd. 1 (1982). The victim testified that while walking with appellant and her brother in a park in Stillwater, Minnesota, appellant hit her on her back. Her brother then grabbed her and started removing her shorts and underwear while appellant held her down. Appellant pulled up her top and fondled her breasts and touched her in the vaginal area while her brother watched. Appellant removed his pants, got on top of her and attempted to have intercourse. The juvenile court found the allegations in the petition were true and correct and found appellant to be delinquent. Following denial of a new trial motion, appellant appealed.

DECISION

1. While there was conflicting testimony from the various witnesses, there is ample evidence to support the court’s finding of delinquency. In re Welfare of A.B.L., 358 N.W.2d 417, 420 (Minn.Ct.App. 1984). Credibility is for the factfinder. Our review of the record indicates sufficient support for the trial court’s decision.

2. There is no merit to appellant’s contention that the court abused its discretion and failed to make sufficient findings in compliance with Minn.R.Juv.P. 27.06.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.