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State v. Aspelund2/24/2004
In this appeal from his conviction of second-degree criminal sexual conduct, appellant argues that (1) the evidence was insufficient to support his conviction and (2) the 66-month sentence imposed by the district court, although a downward durational departure, is disproportionate to his conduct and unfairly exaggerates its criminality. We affirm.
FACTS
On June 19, 2002, appellant Reginald Aspelund met M.L. at a bar in Minnetonka. They exchanged business cards and later traveled together in Aspelund's car to two clubs in Minneapolis. After spending time at the clubs, M.L. asked Aspelund to drive her home.
On the way to M.L.'s house, Aspelund pulled his car into a parking lot and parked. M.L. testified that Aspelund then rolled on top of her. When M.L. protested, Aspelund put his hand over M.L.'s mouth and his arm on her neck and said, "It's okay; we're going to do this." Aspelund fondled M.L.'s breasts and put his hand down the front of her pants. During her struggle with Aspelund, M.L. opened the car door and escaped from the car. Aspelund chased M.L., threw her on the ground, and tore open her blouse. M.L. told Aspelund that she would walk back to the car with him. But when she stood up, M.L. pulled away from Aspelund and ran. M.L., who was very upset, began vomiting. At that point, Aspelund left M.L. and walked toward his car.
M.L. called 911 on her cell phone. When the police officers arrived at the scene, they found M.L. walking across an empty parking lot. M.L. looked disheveled. Three buttons were missing from M.L.'s shirt, she had an abrasion on her chin, and she complained of head pain. After the officers interviewed M.L., they collected her shirt and the business card Aspelund had given her. After arriving at home, M.L. again called the police to report red marks on her chest and left breast. A police officer came to M.L.'s residence and took photographs of the marks.
Aspelund was arrested early the next morning. At the time of his arrest, Aspelund had an abrasion on his knee and a mark on his chest. M.L. later identified Aspelund in a photo lineup. Aspelund was charged with second-degree criminal sexual conduct, in violation of Minn. Stat. § 609.343, subd. 1(e)(i) (2002), and fourth-degree criminal sexual conduct, in violation of Minn. Stat. § 609.345, subd. 1(c) (2002).
Following a jury trial, Aspelund was convicted of the charged offenses. At the sentencing hearing, Aspelund moved for a judgment of acquittal and, in the alternative, a new trial based on evidentiary issues unrelated to this appeal. The district court denied the motion and sentenced Aspelund to 66 months' imprisonment, a downward durational departure from the presumptive guideline sentence of 90 months for second-degree criminal sexual conduct. This appeal followed.
DECISION
I.
Our review of a claim of insufficient evidence to sustain a conviction is limited to a careful analysis of the record to determine whether the evidence, when viewed in the light most favorable to the verdict, is sufficient to allow the jury to reach a guilty verdict. State v. Webb, 440 N.W.2d 426, 430 (Minn. 1989). In so doing, we assume that the jury believed the state's witnesses and disbelieved any evidence to the contrary. State v. Moore, 438 N.W.2d 101, 108 (Minn. 1989). We will not disturb the verdict if the jury, acting with due regard for the presumption of innocence and the requirement of proof beyond a reasonable doubt, could reasonably conclude that the defendant was guilty of the charged offense. State v. Alton, 432 N.W.2d 754, 756 (Minn. 1988).
Under Minnesota law, " person who engages in sexual contact wit
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