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In re Welfare of M.E.M.

February 03, 2004

IN THE MATTER OF THE WELFARE OF: M.E.M., JR.


Hennepin County District Court File No. J7-02-069283/225971

Considered and decided by Randall, Presiding Judge, Shumaker, Judge, and Crippen, Judge*fn1.

SYLLABUS BY THE COURT

1. Minn. R. Crim. P. 26.01, subd. 1(2)(a) requires that the district court advise the defendant of his right to a jury trial and the opportunity to consult with counsel before accepting a waiver to the right to a jury trial.

2. When applying adult criminal-procedure rules to an extended-jurisdiction juvenile proceeding, the district court should spend as much or more time with a juvenile than with an adult, satisfying itself that any waiver of an essential right is proper and that the juvenile understands the consequences of the waiver.

3. It is the better practice in an extended-jurisdiction-juvenile bench trial to have the waiver of an omnibus hearing on the record. On these facts, it was not reversible error to fail to make an explicit record. A voluntary and intelligent waiver can reasonably be inferred.

The opinion of the court was delivered by: Randall, Judge

Affirmed

OPINION

After being designated an extended-jurisdiction juvenile, appellant was tried and convicted of aiding and abetting aggravated robbery and third-degree assault. On appeal from the judgment and conviction, appellant argues that (1) he did not properly waive his right to a jury trial and an omnibus hearing; (2) he did not waive his right to testify in his defense, but if he did, the waiver was improper; (3) the admission of unduly suggestive show-up identification evidence violated his due-process right to a fair trial; and (4) the evidence to prove identity beyond a reasonable doubt was insufficient. The record supports a knowledgeable waiver of appellant's rights; the district court's reliance on the identification evidence was not clearly erroneous. We affirm.

FACTS

At approximately 9:30 p.m. on November 30, 2002, the victim, Q.A., was carrying her purse under her shoulder as she walked down Lake Street. Before entering a grocery store, she paused to read the store's sign. While she was standing outside the store reading the sign, Q.A. was pushed to the ground by two assailants. The assailants took Q.A.'s purse, which contained credit cards, a debit card, and $40 in cash. As a result of the attack, Q.A. suffered a broken shoulder and a large cut on her forehead.

At trial, Q.A. testified that she believed there were two assailants because "I was like wrestling and I felt someone else helping push my head firm into the ground." Q.A. testified that after she was pushed, she lost consciousness for a few seconds. When she regained consciousness, Q.A. looked up and observed two people running away from the scene. One was wearing a yellow jersey and the other was wearing a gray hooded sweatshirt. Q.A. stated that she was not able to see their faces.

Officer Dale was on patrol in his squad car in the area of the attack when he heard a woman screaming. He then observed a woman holding her head and two young men running from the scene. Officer Dale testified that the men were running at "a pretty good sprint" and appeared to be running side-by-side. Officer Dale also observed that one of the young men was wearing something light and that the other had on a dark sweatshirt.

Officer Dale followed the two individuals in his squad car. Although the individuals split up, Officer Dale did not lose sight of appellant, M.E.M. Office Dale was able to apprehend appellant at gunpoint and place him in the squad car. Officer Dale testified that he asked appellant what was going on, and appellant said something about "helping his dad move, trying to catch ...


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