Hennepin County District Court File No. 27-CR-11-32405.
Lori Swanson, Attorney General, St. Paul, Minnesota; and Susan L. Segal, Minneapolis City Attorney, Paula Kruchowski, Assistant City Attorney, Minneapolis, Minnesota (for respondent)
David W. Merchant, Chief Appellate Public Defender, Jennifer Lauermann, Assistant Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Bjorkman, Presiding Judge; Ross, Judge; and Kirk, Judge.
Appellant challenges his convictions, under state law and city ordinance, of misdemeanor trespass, arguing that the evidence presented at trial is insufficient to support a guilty verdict. Appellant also argues—and respondent concedes—that the district court erred by reducing his jail credit by one day to satisfy his mandatory fine and surcharge obligations. We affirm appellant's convictions, but reverse the district court's jail-credit award and remand for the district court to correct this issue.
On October 16, 2011, appellant Mansoor Akhtar entered his brother's convenience store in LaSalle Plaza, in Minneapolis. Appellant, who is not an owner or employee of the store, began to take merchandise without paying for it. His brother asked him to return the items. Appellant refused, raising his voice. Believing that appellant was "disturbing the peace, " appellant's brother asked appellant to leave. After several such requests, appellant exited the store but remained in LaSalle Plaza, near the store. Appellant's brother, who was concerned that appellant would re-enter the store or disrupt customers while standing in front of the store, called the building's security to have appellant removed from the building.
After talking with appellant's brother, a security guard approached appellant and informed him "that he was being reported as an individual that had created a disturbance and he was requested to leave the building and had to leave." After this interaction, appellant moved further away from his brother's store but remained in LaSalle Plaza. The security guard approached appellant a second time, 10 to 15 minutes later, and asked appellant to leave the building. Appellant replied that he was not going to leave. The security guard informed appellant that if he refused to leave, the guard would "trespass" appellant. Appellant said, "[T]hat's okay, I'm not leaving, you can go ahead and trespass me." The security guard then called the police, who responded to the scene. The security guard filled out a citizen's arrest form and a police officer arrested appellant for trespassing.
Respondent State of Minnesota charged appellant with two counts of misdemeanor trespass, in violation of Minn. Stat. § 609.605, subd. 1(b)(3), and Minneapolis, Minn., Code of Ordinances (MCO) § 385.380(b)(1). Following a trial, the jury found appellant guilty as charged. The district court sentenced appellant to 90 days' imprisonment, stayed for one year. As a condition of his probation, appellant was ordered to stay away from LaSalle Plaza. With appellant's consent, the district court applied one of appellant's two days of jail credit to satisfy his mandatory fine and surcharge obligations of $128. This appeal followed.
I. The evidence was sufficient to sustain appellant's convictions of misdemeanor trespass.
Appellant argues that the evidence presented at trial is insufficient to sustain his convictions of misdemeanor trespass. When reviewing a challenge to the sufficiency of the evidence, we conduct a thorough analysis of the record to determine whether the jury reasonably could find the defendant guilty of the offense based on the facts in the record and the legitimate inferences that can be drawn from those facts. State v. Chambers, 589 N.W.2d 466, 477 (Minn. 1999). In doing so, we view the evidence in the light most favorable to the verdict and assume that the jury believed the evidence supporting the guilty verdict and disbelieved any evidence to the contrary. State v. Fleck, 777 N.W.2d 233, 236 (Minn. 2010). We will not disturb the verdict if the jury, acting with due regard for the ...