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State v. Evenstad6/6/2000
Thomas Evenstad appeals from his convictions for first- and third-degree criminal sexual conduct, alleging insufficiency of the evidence and abuse of the trial court's discretion in admitting certain Spreigl evidence and barring impeachment evidence. Because the evidence is sufficient to sustain the jury's verdict and because the trial court did not abuse its discretion in its evidentiary rulings, we affirm.
DECISION
I. Sufficiency of the Evidence
Where a claim of insufficiency of the evidence is made, the reviewing court's function is limited to ascertaining whether, given the facts in the record and the legitimate inferences that can be drawn from those facts, a jury could reasonably conclude that the defendant was guilty of the offense charged. State v. Johnson, 568 N.W.2d 426, 435 (Minn. 1997) (citation omitted).
The evidence must be viewed in a light most favorable to the conviction and the reviewing court must assume that the jury believed the state's witnesses and disbelieved any contradictory evidence. Id.
Evenstad was convicted of first-degree criminal sexual conduct (engaging in penetration of another, while the victim has a reasonable fear of great bodily harm, or where the actor causes personal injury ), and third-degree criminal sexual conduct (engaging in penetration of another, where the actor uses force or coercion to accomplish the penetration). Minn. Stat. ยงยง 609.342, subd. 1(c), (e); 609.344, subd. 1(c) (1996).
The victim, H.S., testified that (1) sexual penetration was not consensual; (2) it was accomplished against her will; (3) she was bruised during the assault; and (4) the actual act of penetration was painful. Evenstad also prevented her from leaving, overpowered her, and threatened her afterwards. Evidence of personal injury is sufficient where the victim experiences pain at the time of assault, abrasions, bruises, and leg stiffness and soreness. See State v. DeBaere, 356 N.W.2d 301, 304 (Minn. 1984); State v. Reinke, 343 N.W.2d 660, 662 (Minn. 1984). Were the jury to believe H.S. and disbelieve Evenstad, her testimony is sufficient to sustain the conviction.
"Deciding the credibility of witnesses is generally the exclusive province of the jury." State v. Doppler, 590 N.W.2d 627, 635 (Minn. 1999) (citations omitted). Here, the jury likely believed the testimony of H.S. and disbelieved that of Evenstad; in fact, the reviewing court must make this assumption. Johnson, 568 N.W.2d at 435. Likewise, there is no requirement in a sexual assault case that the testimony of the victim be corroborated. DeBaere, 356 N.W.2d at 304. But see State v. Ani, 257 N.W.2d 699, 700 (Minn. 1977) (while corroborating testimony not required in sexual assault case, lack thereof in an individual case could require finding of insufficient evidence).
H.S.'s testimony was corroborated to a degree by her friend, S.W., whom H.S. called on the night of the assault, and who observed H.S.'s demeanor shortly after the assault. An immediate complaint to another, although the assault itself is unreported, is sufficient evidence of corroboration. State v. Anderson, 272 Minn. 384, 386, 137 N.W.2d 781, 782 (1965).
Given the standard of review, there is sufficient evidence for the jury to reach a verdict of guilty.
II. Spreigl Evidence
A decision to admit Spreigl evidence is within a trial court's discretion and will not be reversed absent an abuse of discretion. State v. Kennedy, 585 N.W.2d 385, 389 (Minn. 1998). Generally, evidence of other crimes or misconduct is not admissible as character evidence, but may be admitted for the limited purpose of showing motive, intent,
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