Wright County District Court File No. 86-CR-11-2662.
Lori Swanson, Attorney General, St. Paul, Minnesota; and Thomas N. Kelly, Wright County Attorney, Greg T. Kryzer, Mark A. Erickson, Assistant County Attorneys, Buffalo, Minnesota (for respondent).
David W. Merchant, Chief Appellate Public Defender, Sharon E. Jacks, Assistant Public Defender, St. Paul, Minnesota (for appellant).
Considered and decided by Bjorkman, Presiding Judge; Ross, Judge; and Willis, Judge.
Appellant challenges the district court's denial of his motion to dismiss charges that he failed to register as a predatory offender, arguing that there was insufficient probable cause to sustain the charges requiring registration. He also argues that his underlying conviction did not arise from the same set of circumstances as his alleged criminal sexual conduct. We affirm.
Appellant Joseph Harrison Baynes was charged with criminal sexual conduct arising from events at a party at an apartment complex in Buffalo on January 20, 2008. Four of the partygoers were females under the age of 21, including the victim, who was 14 years old. Baynes, who was 19 at the time, and a friend provided marijuana and raspberry vodka. All of the underage females drank vodka, and one of the females reported that they all also smoked marijuana. The partygoers consumed alcohol in apartment 310, although the party also took place in apartment 312. As the night progressed, some of the partygoers coupled up and took their activities to different apartments in the complex. Baynes and the victim remained in apartment 312.
The day after the party, the victim's father contacted Buffalo police to report that his daughter may have been sexually assaulted. During the police investigation, one witness reported having seen Baynes and the victim "making out." Another witness saw Baynes lying on top of the victim while both had their pants lowered. Although the victim denied to police that she had sex with Baynes, a witness told police that the victim had told her that there had been sexual contact between the two.
The police interviewed Baynes on January 29, 2008. Baynes admitted that he brought vodka to the party and consumed some of it himself. He also admitted to making out with the victim. When the police pressed him for further details about the sexual contact, Baynes said, "See when it comes to that point I think I need an attorney." Nevertheless, the police continued their questions and Baynes provided answers. He disclosed that he penetrated the victim's vagina with his finger and his penis.
Respondent State of Minnesota charged Baynes with two counts of third-degree criminal sexual conduct, one count of furnishing liquor to an underage person, and one count of underage liquor consumption. Baynes moved the district court to suppress the statements that he made to the police after he asked for counsel. The record does not show that the district court ruled on Baynes's motion. Instead, the state appears to have preemptively agreed not to use the statements in its case.
The district court held a contested omnibus hearing. After noting that the state agreed to leave out that portion of the police interview of Baynes that took place after he invoked his right to counsel, the district court examined the remaining evidence and concluded that the state lacked probable cause to pursue charges against Baynes for criminal sexual conduct. It dismissed both charges.
Following negotiations with the state, Baynes agreed to plead guilty to the charge of furnishing alcohol to an underage person. At the plea hearing, the district court noted that the parties had attempted to structure the sentence so as to avoid requiring Baynes to register as a predatory offender, but the court commented that it had "no control over your registration for the sex offense" and "you might have the chance that you ...