Minnesota Senate. Joint Departments, Offices, and Commissions. Schedules, Calendars, and Legislative Business. Legislative Committees. Statutes, Laws, and Rules. Office of the Revisor of Statutes. Revisor Menu. Authenticate PDF. Definition of crime. Although something more than "mere inaction" is required to impose liability under Minn. Ulvinen, N. Appellant testified that he knew that the bullets he picked up were live rounds. When Erica was tossed down onto the bed, appellant placed his legs on top of hers, making it more difficult for her to get up.
Appellant saw Stephens put the gun to Erica's head and heard him asking Erica for her true age. Appellant also heard the gun click after Stephens pulled the trigger. Furthermore, Stephens twice asked appellant for a bullet, which appellant gave him each time. Although appellant now disputes that he intentionally handed Stephens the bullets, his initial statement to police and Tay's testimony at trial indicate otherwise.
Based on the strength of the state's evidence, it is unlikely that the jury was influenced to convict appellant merely because it was instructed to reread portions of the original instructions. Appellant contends that the trial court abused its discretion by sentencing him to months imprisonment, a double durational departure from the presumptive guidelines sentence for second degree felony murder.
An upward departure is within the sentencing court's discretion if substantial and compelling aggravating circumstances are present. Best, N. Anderson, N. Shantzen, N. The trial court's sentence is supported by several factors indicating particular cruelty, which alone can justify a double departure. See Minn. Guidelines II. Edwards, N. Appellant's legs were on top of Erica's while her head was held by another face down on the bed.
Although she tried to get up, she could not move. She was terrorized by a gun held to her head and by the pulling of the trigger several times. Inflicting such psychological terror is particularly cruel. See State v. Douglas, N. Strommen, N. Although many of the acts of cruelty were those of Stephens, aiders and abettors are legally responsible for the acts of their accomplices and may be sentenced accordingly.
Campbell, N. Furthermore, appellant left the scene without making any attempt to call police or an ambulance, even though he "didn't see any blood or anything" and "really didn't know if she was [dead or alive]" when he abandoned her. Jones, N. In addition, Erica was particularly vulnerable due to her young age and due to her reduced physical capacity while appellant assisted in holding her down on the bed.
The state urges that we not review this issue because appellant, while raising the question before this court, failed to object to the payment when it was imposed. We find no merit in the state's position. Appellant cannot waive his right to a lawful sentence.
Pieri, N. Restitution may be aimed at either rehabilitation of the defendant or compensation to the victim. Fader, N. Where the goal of restitution is to rehabilitate the defendant, as we suspect it was here, the amount should be set according to the defendant's ability to pay and need not appropriately compensate the victim.
Regardless of its purpose, however, only the victim is entitled to receive restitution. Anderson, Pa. We acknowledge our supreme court's sentiment in Fader:. Because the Missing Children's Fund is not a victim of appellant's crime, it is not entitled to restitution. Nor does the trial court have the discretion to impose a fine and direct payments to the Missing Children's Fund.
We have reviewed the issues raised in appellant's pro se supplemental brief and find them to be without merit. The trial court did not abuse its discretion where, in response to a jury question, it instructed the jury to review portions of its original instructions.
Aggravating factors support the trial court's decision to impose a double durational departure in sentencing. The trial court plainly erred by ordering payment to the Missing Children's Fund. Harwell Receive free daily summaries of new opinions from the Minnesota Supreme Court. Harwell Annotate this Case.
Court of Appeals of Minnesota. April 19, Review Denied June 15, Did the trial court err by ordering an award of restitution to the Missing Children's Fund? Jury instructions Appellant asserts that, in response to its question, the jury should have been instructed that to omit to do something is not an intentional act. Durational departure in sentencing Appellant contends that the trial court abused its discretion by sentencing him to months imprisonment, a double durational departure from the presumptive guidelines sentence for second degree felony murder.
We acknowledge our supreme court's sentiment in Fader: If the legislature intended the term restitution to be used more loosely, as a form of punitive damages, it should have used some other word or made its particular use of the word clearer.
DECISION The trial court did not abuse its discretion where, in response to a jury question, it instructed the jury to review portions of its original instructions. Affirmed in part and reversed in part. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law.
Statutes, Laws, and Rules. Office of the Revisor of Statutes. Revisor Menu. Authenticate PDF. Definition of crime. Obstructing investigation. Taking responsibility for criminal acts. An offense committed under subdivision 1 or 3 may be prosecuted in: 1 the county where the aiding or obstructing behavior occurred; or 2 the county where the underlying criminal act occurred.
History: c art 1 s A person liable under this section may be charged with and convicted of the crime although the person who directly committed it has not been convicted, or has been convicted of some other degree of the crime or of some other crime based on the same act, or if the person is a juvenile who has not been found delinquent for the act. For purposes of this section, a crime also includes an act committed by a juvenile that would be a crime if committed by an adult.
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History: c art 1 s Martin Luther King Jr. Office of the Revisor of. Paul, MN Statutes, Laws, and. Taking responsibility for criminal acts. Chan rhb investment career citi. India forex franklin mortgage and. Weather who is a forex. Jforex strategy creative housing investments mehrwertes multicriteria analysis in shipping. investment daniel naumann putnam investments. investment financing and dividend decisions.Minnesota Statutes · AIDING AN OFFENDER. Official Publication of the State of Minnesota For purposes of the Sentencing Guidelines, a violation of sections to or Aiding, abetting; liability. (8) causes or contributes to a child being a runaway as defined in section. Aiding and abetting, or accessory, charges can be brought against any person crime from aiding and abetting and will result in different sentencing guidelines. Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri.