§ 609.58

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (66)

Minnesota Supreme Court

State v. Lopez · 2018 8 citations

+ 8 more citations in this opinion.

State v. Kitto · 1985 1 citation

Defendant was charged in district court with burglary, Minn. Stat. § 609.58, subd. 2(l)(b) (1982) (amended in 1983 and recodi-fied at Minn. Stat. § 609.582 [1984]) (burglary of dwelling accompanied by sexual assault upon a person therein), and with criminal sexual conduct in the first degree, Minn. Stat. § 609.342(c) (1984) (forced sexual penetration of complainant who reasonably fears imminent great bodily harm). A district court jury found defendant not guilty of the burglary charge but guilty of the sexual assault charge. The trial court sentenced defendant to an executed term of 76 months in prison, which is the presumptive sentence for the offense (VIII) by a person with defendant’s criminal history score (three). On this appeal from judgment of conviction, defendant does not challenge the sufficiency of the evidence but seeks a new trial on one or more of three grounds: (1) error by the trial court in refusing to let defense counsel question a juror about his friendship with another attorney in the office of the prosecutor trying the case, a friendship that the prosecutor did not disclose until after defense counsel had accepted the juror; (2) error by *309 the trial court in admitting evidence that as a result of the sexual assault by defendant the complainant became pregnant and then had an abortion; and (3) misconduct by the prosecutor in his closing argument. We affirm.

State v. Larson · 1984 1 citation

+ 1 more citation in this opinion.

State v. L'ITALIEN · 1984 1 citation

+ 1 more citation in this opinion.

State v. DeBaere · 1984 1 citation

+ 1 more citation in this opinion.

State v. Studdard · 1984 1 citation

Pursuant to a stipulation, defendant waived his right to a jury trial and was found guilty by the trial court of burglary, Minn. Stat. § 609.58, subd. 2(3) (1982). The trial court sentenced defendant to 25 months in prison. On appeal defendant contends that the omnibus court erred in denying his motion to suppress on fourth amendment grounds. We affirm.

State v. Smith · 1984 1 citation

+ 1 more citation in this opinion.

State v. Lande · 1984 1 citation

+ 1 more citation in this opinion.

State v. McDonald · 1984 1 citation

+ 1 more citation in this opinion.

State v. Broten · 1983 1 citation

+ 1 more citation in this opinion.

State v. Sharpe · 1983 1 citation

+ 1 more citation in this opinion.

State v. Yungk · 1983 1 citation

+ 1 more citation in this opinion.

Jackson v. State · 1983 1 citation

+ 1 more citation in this opinion.

State v. Hennessy · 1983 1 citation

+ 1 more citation in this opinion.

Fisher v. State · 1982 1 citation

Defendant was found guilty by a district court jury of burglary and criminal sexual conduct in the first degree, Minn. Stat. §§ 609.58, subd. 2(l)(b), and 609.342(c) (1980). The trial court sentenced defendant to two consecutive prison terms of 20 years each. 1 On this appeal from the order of the district court denying his petition for post-conviction relief, defendant contends (1) that his convictions should be reversed outright on the ground that the evidence of his guilt was legally insufficient or (2) that he should receive a new trial because the trial court prejudicially erred in certain eviden-tiary rulings. Specifically, he argues that the trial court prejudicially erred in admitting evidence seized in a warranted search, identification testimony, and evidence that one of his separately tried codefendants had admitted being one of the three parties to the crime. We affirm.

Zernechel v. State · 1982 1 citation

+ 1 more citation in this opinion.

State v. Trog · 1982 1 citation

+ 1 more citation in this opinion.

Lindstrom v. State · 1982 1 citation

+ 1 more citation in this opinion.

Hanson v. State · 1982 1 citation

+ 1 more citation in this opinion.

Posz v. State · 1982 1 citation

+ 1 more citation in this opinion.

State v. Walker · 1982 1 citation

+ 1 more citation in this opinion.

State v. Weibel · 1982 1 citation

+ 1 more citation in this opinion.

State v. Morrison · 1981 1 citation

+ 1 more citation in this opinion.

State v. Hoveland · 1981 1 citation

+ 1 more citation in this opinion.

In Re the Welfare of C.D.L. · 1981 1 citation

+ 1 more citation in this opinion.

State v. Gant · 1981 1 citation

+ 1 more citation in this opinion.

State v. Owens · 1981 1 citation

+ 1 more citation in this opinion.

State v. Roy · 1981 1 citation

+ 1 more citation in this opinion.

State v. Cizl · 1981 1 citation

+ 1 more citation in this opinion.

State v. Zernechel · 1981 1 citation

+ 1 more citation in this opinion.

State v. Hayes · 1981 1 citation

+ 1 more citation in this opinion.

State v. Kegg · 1980 1 citation

+ 1 more citation in this opinion.

State v. Coe · 1980 1 citation

+ 1 more citation in this opinion.

State v. Turnipseed · 1980 1 citation

+ 1 more citation in this opinion.

State v. Gunderson · 1980 1 citation

Defendant was found guilty by a district court jury of burglary, Minn. Stat. § 609.58, subd. 2(3) (1978), and was sentenced by the trial court to a five-year prison term. On this appeal from judgment of conviction defendant contends that the evidence of his participation in the burglary was legally insufficient and that the trial court abused its discretion in honoring a request by the jury for the rereading of part of the testimony of a key prosecution witness. There is no merit to the first contention. Defendant was seen leaving the burgled building and was apprehended a short time later. Defendant, by failing to object to the trial court’s response to the jury request, forfeited his right to have this court review the propriety of the trial court’s action. State v. Severson, 289 N.W.2d 496 (Minn. 1980).

State v. Sufka · 1980 1 citation

+ 1 more citation in this opinion.

State v. Butler · 1980 1 citation

+ 1 more citation in this opinion.

State v. Knight · 1980 1 citation

+ 1 more citation in this opinion.

State v. Stigen · 1980 1 citation

+ 1 more citation in this opinion.

State v. Van Meveren · 1980 1 citation

+ 1 more citation in this opinion.

State v. Wenberg · 1980 1 citation

+ 1 more citation in this opinion.

State v. Mills · 1980 1 citation

+ 1 more citation in this opinion.

State v. Williams · 1980 1 citation

+ 1 more citation in this opinion.

State v. Hjerstrom · 1979 1 citation

Defendant was found guilty by a district court jury of charges of burglary, Minn. Stat. § 609.58, subd. 2(3) (1976), and theft of property valued at more than $100, § 609.-52, subds. 2(1) and 3(2), and was sentenced by the trial court to concurrent terms of 5 years in prison. On this direct appeal defendant contends that he should be given a new trial because the trial court committed prejudicial error in admitting, over objection, (1) testimony by the police concerning self-contradictory statements defendant made in a general exculpatory statement he gave when arrested, where the contradictory statements reveal that- he had first met his separately tried codefendant in prison, and (2) testimony by a different police officer that he later had tried to get a complete statement from defendant at the station-house but had been unable to, testimony which the state elicited for the purpose of rebutting the implication created by defense counsel’s cross-examination of another officer that defendant had not had a chance to tell his full version of the events. We conclude that the trial court erred in admitting the testimony of the arresting officer concerning defendant’s prior imprisonment but that the error was nonprejudicial and, accordingly, we affirm.

State v. Molin · 1979 1 citation

+ 1 more citation in this opinion.

Minnesota Court of Appeals

State v. Jones · 2018 1 citation

+ 1 more citation in this opinion.

State v. Lopez · 2017 3 citations

+ 3 more citations in this opinion.

State v. Hofmann · 1996 1 citation

+ 1 more citation in this opinion.

In Re the Welfare of R.O.H. · 1989 2 citations

+ 2 more citations in this opinion.

State v. Kowski · 1988 1 citation

+ 1 more citation in this opinion.

Lallier v. State · 1987 2 citations

+ 2 more citations in this opinion.

State v. Heuer · 1985 1 citation

+ 1 more citation in this opinion.

Robinson v. State · 1985 1 citation

+ 1 more citation in this opinion.

State v. Willis · 1985 1 citation

+ 1 more citation in this opinion.

State v. Nelson · 1985 1 citation

+ 1 more citation in this opinion.

In Re the Welfare of K.J.K. · 1985 1 citation

+ 1 more citation in this opinion.

State v. Craig · 1984 1 citation

+ 1 more citation in this opinion.

State v. Ronning · 1984 1 citation

+ 1 more citation in this opinion.

State v. Propotnik · 1984 1 citation

Appellant Larry Propotnik appeals his conviction for burglary of an unoccupied building in violation of Minn. Stat. § 609.58, subd. 2(3) (1982). He claims he was denied a fair trial, should not have been given the presumptive sentence of 41 months in prison, and claims several other issues merit relief. We disagree and affirm.