Hennepin County District Court File No. 27-CR-12-11768
Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Thomas A. Weist, Assistant County Attorney, Minneapolis, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Jennifer Workman Jesness, Assistant Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Chief Judge Cleary, Presiding Judge; Kirk, Judge; and Smith, Judge.
1. One entry of an apartment without consent, followed by assaults against multiple victims while in the apartment, supports only one first-degree burglary conviction.
2. A district court's decision to admit relationship evidence in a domestic-assault case is not reversible error when the appellant fails to establish that the admission of the evidence resulted in unfair prejudice.
3. On remand for resentencing of multiple convictions, a district court may impose a sentence for a conviction that was not previously sentenced, provided that (1) the overall sentence imposed on remand is no more onerous than the overall sentence initially imposed, and (2) any new sentence for a previously sentenced conviction is no more onerous than the sentence initially imposed for that conviction.
We affirm appellant's count-one, first-degree-burglary and count-three, domestic-abuse convictions because (1) the district court did not abuse its discretion in admitting relationship evidence, (2) the district court did not err in its other rulings, and (3) sufficient evidence supports the convictions. We reverse appellant's count-two, first-degree-burglary conviction because one entry of an apartment without consent, followed by multiple assaults committed while in the apartment, supports only one first-degree burglary conviction. We remand for resentencing with direction to vacate the adjudication on count two, the burglary conviction, noting that the district court may impose a sentence for the domestic-assault conviction that was not previously sentenced.
During the predawn hours of April 13, 2012, after attending a party, appellant Tiron Patrick Beane and F.E. arrived at F.E.'s apartment in Brooklyn Center. F.E. lived on the second floor of her building, in apartment 202, with her two young children and her mother, S.W. S.W.'s friend L.L. was also there. Beane was loud and woke up the children. While talking to F.E. in her bedroom, Beane became verbally and physically abusive, and the situation escalated into an assault that progressed from the bedroom to the hallway and into the kitchen. Beane held F.E. by the hair, punched her, hit her head against the kitchen wall, and hit her in the face with a coffee mug. S.W. intervened, stepping between Beane and F.E., while L.L. was in the living room trying to shield the children. S.W. got her arms around Beane's neck, allowing F.E. to break free. F.E. ran out of apartment 202 and down the hall to apartment 204, the home of her friend K.B.
K.B. let F.E. into apartment 204 and locked the door. Using K.B.'s phone, F.E. called 911. Beane, having broken free from S.W., kicked in the door to apartment 204, entered, and renewed his attack on F.E. As F.E. retreated to a bathroom, K.B.'s fiancee J.S. intervened, blocking Beane's path and telling him to leave the apartment. Beane threatened to kill J.S. and everyone else in the apartment. J.S. fled the apartment with K.B. and their daughter. Beane then turned his attention to F.E., hitting her with a towel bar he had torn from the bathroom wall.
F.E. fled back to her own apartment, number 202, but Beane followed and continued his attack. While F.E. was holding her 14-month old daughter, Beane picked up the glass top from a coffee table and threw it at them, causing the glass to shatter. He then kicked F.E. in the face, causing a blood clot in her eye. He ordered everyone in the apartment—F.E. and her two young children, S.W., and L.L.—to lie down on the ground, and told them he was going to kill them all. When police arrived they found the door to F.E.'s apartment locked and were unable to ...