State of Minnesota v. Bret Emery Vansickel
A16-53
Minn. Ct. App.Oct 24, 2016Background
- On March 8, 2015, C.L. heard a snowmobile approach her home and spoke with Vansickel from inside; she called 911 after he refused to leave.
- Deputy Payment, responding minutes later, followed fresh snowmobile tracks and smelled exhaust leading to Vansickel’s residence; tracks ended at the residence.
- Deputy found Vansickel standing 15–20 feet from a warm, dripping snowmobile; observed bloodshot, watery eyes, slurred and rambling speech, unsteadiness, and a strong odor of alcohol.
- Vansickel refused field sobriety tests, admitted he was drunk, was arrested, and later told booking officers he would lie and say he did not drive the snowmobile; he then submitted to a breath test that read 0.21.
- Charged with two counts of first‑degree DWI (impairment and over .08) based on operation of a snowmobile; convicted by a jury of both counts, sentenced (36 months stayed), and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Vansickel operated the snowmobile while impaired | State: admission plus circumstantial evidence show operation while intoxicated | Vansickel: evidence insufficient to prove he operated or was in physical control when intoxicated | Conviction affirmed—defendant’s admissions were direct evidence and corroborated by circumstantial facts |
| Multiple convictions for same act (double jeopardy/included offense) | State: two statutory counts validly charged | Vansickel: both DWI counts arose from one act and cannot yield multiple convictions | Court held only one conviction was adjudicated and sentenced; clerical error in warrant listing both counts remanded for correction |
Key Cases Cited
- State v. Ortega, 813 N.W.2d 86 (Minn. 2012) (standard for reviewing sufficiency of evidence)
- State v. Sam, 859 N.W.2d 825 (Minn. App. 2015) (heightened review for convictions relying on circumstantial evidence)
- Bernhardt v. State, 684 N.W.2d 465 (Minn. 2004) (definition/distinction between direct and circumstantial evidence)
- State v. Vaughn, 361 N.W.2d 54 (Minn. 1985) (confession defined and its evidentiary effect)
- State v. Weber, 137 N.W.2d 527 (Minn. 1965) (confession as direct evidence of guilt)
- State v. Battin, 474 N.W.2d 427 (Minn. App. 1991) (confession can sustain conviction)
- State v. Jackson, 363 N.W.2d 758 (Minn. 1985) (statute bars multiple convictions for included offenses from single behavioral incident)
- State v. Staloch, 643 N.W.2d 329 (Minn. App. 2002) (oral sentence controls over inconsistent written order)
- State v. Pflepsen, 590 N.W.2d 759 (Minn. 1999) (judgment of conviction should include only the offense adjudicated guilty)
