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State v. Treptow

Court of Appeals of Minnesota

November 4, 2013

State of Minnesota, Respondent,
v.
Rebecca Lee Treptow, Appellant.

UNPUBLISHED OPINION

Anoka County District Court File No. 02-CR-12-1107

Lori A. Swanson, Attorney General, St. Paul, Minnesota; and Anthony C. Palumbo, Anoka County Attorney, M. Katherine Doty, Assistant County Attorney, Anoka, Minnesota (for respondent)

Theodore D. Sampsell-Jones, Special Assistant Public Defender, William Mitchell College of Law, St. Paul, Minnesota (for appellant)

Considered and decided by Kalitowski, Presiding Judge; Worke, Judge; and Connolly, Judge.

WORKE, Judge

Appellant challenges her convictions of second-degree assault, terroristic threats, and intentionally pointing a gun at another, arguing that the evidence failed to prove that she intended to cause the victim to fear immediate bodily harm or death, or that she intended to terrorize the victim. She also raises evidentiary issues pro se. We affirm.

FACTS

On February 8, 2012, N.H. was driving her vehicle in the left lane of a highway. Appellant Rebecca Lee Treptow's vehicle was ahead of N.H.'s vehicle, and N.H. honked at appellant when she saw appellant's vehicle swerve toward the ditch. Appellant then switched to the right-hand lane, and as N.H. passed appellant's vehicle, appellant pointed a handgun at N.H. N.H. thought she was going to be shot and dialed 911 to report appellant's conduct.

When appellant exited the highway, N.H. followed while giving appellant's license-plate number and vehicle description to police dispatch. As she turned around in a cul de sac, appellant rolled down her window and asked N.H. why she was following her, and N.H. asked appellant why she had pointed a gun at her. Both vehicles returned to the highway, and N.H. saw police pull over appellant's vehicle. N.H. later returned to where police had intercepted appellant's vehicle and identified appellant in a show-up.

Appellant admitted to police that there was a gun in her vehicle on the passenger side, and a loaded black handgun was found "on the front passenger's floorboard area between the purse and center console bump area that separates the front seats." Appellant was charged with felony offenses of second-degree assault and terroristic threats, and the misdemeanor offense of intentionally pointing a gun at another.

At her jury trial, appellant testified to a different version of the driving incident, stating that she changed lanes because N.H. was tailgating her; she attempted to evade N.H. by exiting the highway; she and N.H. were never side-by-side on the highway; the gun fell out of her purse when she was searching for her cell phone; she told N.H. to stop following her when N.H. blocked her vehicle in the cul de sac; she never pointed a gun at N.H.; and she flagged down police to report N.H.'s driving conduct.

Appellant was convicted of the three charged offenses. ...


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