State v. Stevenson

STATE of Minnesota, Respondent, v. Ronald DeWayne STEVENSON, Appellant

State v. Stevenson, 286 N.W.2d 719 (Minn. 1979)

Court: Supreme Court of Minnesota · State Highest Courts
Decided: November 23, 1979
Docket: No. 49200
Judges: Peterson
Citations: 286 N.W.2d 7191979 Minn. LEXIS 1746

Cited by 17 1 descriptions by later courts

Opinion — Peterson

PETERSON, Justice.

Defendant was found guilty by a district court jury of having committed two sepa *720 rate acts of criminal sexual conduct in the third degree against a 15-year-old girl whom he and his wife had taken to an abandoned farmhouse, which they claimed they were leasing. The trial court sentenced defendant to two consecutive maximum terms of 5 years each. Defendant, on this appeal, challenges the sufficiency of the evidence and the propriety of multiple punishment. We affirm.

Defendant’s contention that the evidence of his guilt was legally insufficient is meritless.

A closer issue, but one which we also resolve against defendant, is that raised by the contention that in sentencing him to two terms the trial court violated § 609.035, which bars multiple punishment of a defendant for multiple offenses arising from the same behavioral incident. While the offenses both involved coerced sexual intercourse with the same 15-year-old girl and both occurred in the same general place and on the same day, the offenses were separated by a period of approximately 5 hours and neither act bore any essential relationship to the other. Further, the underlying purpose of § 609.035 is to prevent punishment which is disproportionate to the culpability of the defendant. Here, we are satisfied that multiple punishment of defendant is not barred by the statute and is consistent with the purpose of the statute. See, State v. Shevchuk, 282 Minn. 182 , 163 N.W.2d 772 (1968).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(affirming sentence for two counts of criminal sexual conduct for two contacts five hours apart)

State v. Hudson, No. A13-1338 (Minn. Ct. App. July 20, 2015)

Cited by 17 cases

View all citing references →

Relies on it most ⓘ

State v. Bookwalter541 N.W.2d 290 (Minn. 1995)
State v. Herberg324 N.W.2d 346 (Minn. 1982)
Bixby v. State344 N.W.2d 390 (Minn. 1984)
State v. Johnson653 N.W.2d 646 (Minn. Ct. App. 2002)
State v. Secrest437 N.W.2d 683 (Minn. Ct. App. 1989)
State of Minnesota v. Joseph Benjamin KlanderudNo. A15-1897 (Minn. Ct. App. Oct. 31, 2016)

Most recent

State of Minnesota v. Mainza Lombe MalamboNo. a230139 (Minn. Ct. App. Dec. 18, 2023)
State of Minnesota v. Joseph Benjamin KlanderudNo. A15-1897 (Minn. Ct. App. Oct. 31, 2016)
State of Minnesota v. Sedne Bonitaz WilliamsNo. A15-1143 (Minn. Ct. App. May 16, 2016)
State of Minnesota v. Wilfred Carl HudsonNo. A13-1338 (Minn. Ct. App. July 20, 2015)
State v. Suhon742 N.W.2d 16 (Minn. Ct. App. 2007)
State v. Johnson653 N.W.2d 646 (Minn. Ct. App. 2002)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	State v. Shevchuk, 163 N.W.2d 772 (Minn. 1968)	13

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