§ 609.155

State v. Christie · 1993 1 citation

+ 1 more citation in this opinion.

State v. Plan · 1982 2 citations

+ 2 more citations in this opinion.

State v. Scott · 1981 1 citation

+ 1 more citation in this opinion.

State v. Adams · 1980 10 citations

295 N.W.2d 527 (1980) STATE of Minnesota, Respondent, v. John Lewis ADAMS, Appellant. No. 48819. Supreme Court of Minnesota. June 27, 1980. *529 C. Paul Jones, Public Defender, and Gregory A. Gaut, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Asst. County Atty., Chief, App. Division, David W. Larson, Asst. County Atty. and Thomas A. Weist, Minneapolis, for respondent. Heard before ROGOSHESKE, PETERSON, and KELLY, JJ., and considered and decided by the court en banc. KELLY, Justice. Defendant John Lewis Adams appeals his conviction of murder in the third degree and his sentence as a dangerous offender pursuant to Minn. Stat. §§ 609.155 and 609.16 (1978). Defendant challenges his conviction on the grounds that his request for a lesser included offense instruction was denied and accomplice testimony was not sufficiently corroborated. Defendant challenges his *530 sentence as a dangerous offender on the ground that Minn. Stat. § 609.16 (1978) is unconstitutionally vague. He argues additionally that hearsay is inadmissible at such a sentencing hearing and that the trial court's findings of dangerousness and the necessity of extended imprisonment pursuant to Minn. Stat. § 609.16 (1978) are clearly erroneous. We affirm defendant's conviction and sentence. Viewing the evidence in the light most favorable to the state, State v. Hawkins, 260 N.W.2d 150 (Minn.1977), the facts of this case are as follows. On June 30, 1977, Richard Prantner, a drug dealer, was shot and killed during the course of an attempted robbery. The attempted robbery occurred after a group including Patrick Staples, David Parent, Robert Adams, Carol Sue Morrow, and Duane Clark made several visits to the victim's apartment where they procured marijuana and LSD. After the second visit to the victim's apartment the group decided to rob the victim of his drugs. Because they needed a gun, Parent suggested involving Lenny Clyde White in the plan. White told the group he did not have a gun but knew where to procure one. The group, including White, proceeded to the apartment of Denise Bass, defendant's fiancee. White and Parent went inside to discuss the plan with defendant while the rest of the group, including Carol Sue Morrow, waited outside. When defendant, White and Parent emerged, defendant showed the group the gun. Lenny White and defendant drove defendant's car to within a few blocks of the victim's apartment. Parent, Morrow, Rob Adams and Clark rode in a crew pickup truck and all but Morrow joined White and defendant in defendant's car to discuss the plan's details. Lenny White would drive defendant's getaway car. Rob Adams, Duane Clark and defendant would go upstairs and subdue the occupants of Prantner's apartment. The rest of the group would then go upstairs to locate and abscond with the drugs. After this discussion Staples and Parent got out of defendant's car and drove to within one-half block of Prantner's apartment. Pat Staples then got out of the truck and walked away. Defendant, Rob Adams and Duane Clark went up the back stairs to the victim's apartment. Defendant crouched on the step below Clark and Adams. The victim's girlfriend answered the door. When she moved away to call Prantner, defendant moved up one stair with Rob Adams and Duane Clark to the side of him. The victim came to the door and defendant said either "give me your dope" or "hold it." Prantner moved toward the gun held by defendant and the gun fired hitting him in the chest. The three men ran down the back stairs through an alley and into an adjoining parking lot where Lenny White waited in defendant's car. Defendant was arrested on August 17, 1977, and later charged with felony murder pursuant to Minn. Stat. § 609.195 (subd. 2) (1978). During the course of his trial, the trial court ruled that Duane Clark, Robert Adams, and David Parent were accomplices as a matter of law. He ruled that due to Carol Morrow's age, she was not an accomplice as a matter of law. She was 13 years of age at the time. Finally, he ruled that Patrick Staples' status as an accomplice was a question of fact within the province of the jury on the theory that by leaving the truck prior to the murder and going to the police on July 16, 1977, with a partial story of what occurred on June 30, 1977, he may have withdrawn from the conspiracy to rob the victim. The jury found defendant guilty of felony murder on December 19, 1977. A sentencing hearing was held on January 16, 1978, for the purpose of determining whether defendant should be sentenced to a term of 40 years as a dangerous offender pursuant to Minn. Stat. §§ 609.155 and 609.16 (1978). The court received documentary evidence of three prior felony convictions; simple robbery, conspiracy to commit simple robbery and aggravated robbery. The court received into evidence various affidavits as well as the presentence investigation. Defendant objected to the admission of the affidavits as hearsay and as a violation *531 of due process. Several police officers testified that defendant was a suspect in two uncharged robberies. Defendant objected to "some of the testimony" as hearsay and challenged the sentencing statute as void for vagueness. The court found that defendant was convicted of one or more prior crimes as required by Minn. Stat. § 609.16 (subd. 3) (1978) and concluded he was predisposed to commit violent crimes and that an extended term of imprisonment was necessary for the public's safety. Defendant was sentenced to a 40-year term of imprisonment.

295 N.W.2d 527 (1980) STATE of Minnesota, Respondent, v. John Lewis ADAMS, Appellant. No. 48819. Supreme Court of Minnesota. June 27, 1980. *529 C. Paul Jones, Public Defender, and Gregory A. Gaut, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Asst. County Atty., Chief, App. Division, David W. Larson, Asst. County Atty. and Thomas A. Weist, Minneapolis, for respondent. Heard before ROGOSHESKE, PETERSON, and KELLY, JJ., and considered and decided by the court en banc. KELLY, Justice. Defendant John Lewis Adams appeals his conviction of murder in the third degree and his sentence as a dangerous offender pursuant to Minn. Stat. §§ 609.155 and 609.16 (1978). Defendant challenges his conviction on the grounds that his request for a lesser included offense instruction was denied and accomplice testimony was not sufficiently corroborated. Defendant challenges his *530 sentence as a dangerous offender on the ground that Minn. Stat. § 609.16 (1978) is unconstitutionally vague. He argues additionally that hearsay is inadmissible at such a sentencing hearing and that the trial court's findings of dangerousness and the necessity of extended imprisonment pursuant to Minn. Stat. § 609.16 (1978) are clearly erroneous. We affirm defendant's conviction and sentence. Viewing the evidence in the light most favorable to the state, State v. Hawkins, 260 N.W.2d 150 (Minn.1977), the facts of this case are as follows. On June 30, 1977, Richard Prantner, a drug dealer, was shot and killed during the course of an attempted robbery. The attempted robbery occurred after a group including Patrick Staples, David Parent, Robert Adams, Carol Sue Morrow, and Duane Clark made several visits to the victim's apartment where they procured marijuana and LSD. After the second visit to the victim's apartment the group decided to rob the victim of his drugs. Because they needed a gun, Parent suggested involving Lenny Clyde White in the plan. White told the group he did not have a gun but knew where to procure one. The group, including White, proceeded to the apartment of Denise Bass, defendant's fiancee. White and Parent went inside to discuss the plan with defendant while the rest of the group, including Carol Sue Morrow, waited outside. When defendant, White and Parent emerged, defendant showed the group the gun. Lenny White and defendant drove defendant's car to within a few blocks of the victim's apartment. Parent, Morrow, Rob Adams and Clark rode in a crew pickup truck and all but Morrow joined White and defendant in defendant's car to discuss the plan's details. Lenny White would drive defendant's getaway car. Rob Adams, Duane Clark and defendant would go upstairs and subdue the occupants of Prantner's apartment. The rest of the group would then go upstairs to locate and abscond with the drugs. After this discussion Staples and Parent got out of defendant's car and drove to within one-half block of Prantner's apartment. Pat Staples then got out of the truck and walked away. Defendant, Rob Adams and Duane Clark went up the back stairs to the victim's apartment. Defendant crouched on the step below Clark and Adams. The victim's girlfriend answered the door. When she moved away to call Prantner, defendant moved up one stair with Rob Adams and Duane Clark to the side of him. The victim came to the door and defendant said either "give me your dope" or "hold it." Prantner moved toward the gun held by defendant and the gun fired hitting him in the chest. The three men ran down the back stairs through an alley and into an adjoining parking lot where Lenny White waited in defendant's car. Defendant was arrested on August 17, 1977, and later charged with felony murder pursuant to Minn. Stat. § 609.195 (subd. 2) (1978). During the course of his trial, the trial court ruled that Duane Clark, Robert Adams, and David Parent were accomplices as a matter of law. He ruled that due to Carol Morrow's age, she was not an accomplice as a matter of law. She was 13 years of age at the time. Finally, he ruled that Patrick Staples' status as an accomplice was a question of fact within the province of the jury on the theory that by leaving the truck prior to the murder and going to the police on July 16, 1977, with a partial story of what occurred on June 30, 1977, he may have withdrawn from the conspiracy to rob the victim. The jury found defendant guilty of felony murder on December 19, 1977. A sentencing hearing was held on January 16, 1978, for the purpose of determining whether defendant should be sentenced to a term of 40 years as a dangerous offender pursuant to Minn. Stat. §§ 609.155 and 609.16 (1978). The court received documentary evidence of three prior felony convictions; simple robbery, conspiracy to commit simple robbery and aggravated robbery. The court received into evidence various affidavits as well as the presentence investigation. Defendant objected to the admission of the affidavits as hearsay and as a violation *531 of due process. Several police officers testified that defendant was a suspect in two uncharged robberies. Defendant objected to "some of the testimony" as hearsay and challenged the sentencing statute as void for vagueness. The court found that defendant was convicted of one or more prior crimes as required by Minn. Stat. § 609.16 (subd. 3) (1978) and concluded he was predisposed to commit violent crimes and that an extended term of imprisonment was necessary for the public's safety. Defendant was sentenced to a 40-year term of imprisonment.

III. Defendant raises three issues regarding the propriety of his sentence as a dangerous offender pursuant to Minn. Stat. § 609.155[4] and § 609.16[5] (1978).

+ 7 more citations in this opinion.

State v. Kornexl · 1984 1 citation

+ 1 more citation in this opinion.