State of Minnesota v. Claude Riley Crockson, Jr.
2014 Minn. App. LEXIS 86
Minn. Ct. App.2014Background
- On March 8, 2013, Claude Riley Crockson, Jr. entered T.C.’s St. Paul apartment with three juveniles after C.C. (who was staying there with D.H. and had T.C.’s permission) opened the door.\
- An argument over a phone PIN escalated; Crockson refused to leave after C.C. told them to go, a juvenile produced a revolver, Crockson held it to C.C.’s head and directed assaults on D.H.; occupants were threatened and confined.\
- Crockson was charged with two counts of aiding and abetting first-degree burglary (dangerous weapon/assault within the dwelling) and three counts of second-degree assault.\
- Late in trial the complaint was amended to cite Minn. Stat. § 609.11, subd. 5(a) (mandatory 5-year minimum for second/subsequent offense involving a firearm); Crockson stipulated to a prior assault conviction but the state did not prove that prior conviction involved a firearm.\
- A jury convicted Crockson of two burglary counts and two of three assault counts; the district court adjudicated guilt on both burglary counts (but sentenced only on one) and imposed concurrent 60-month assault sentences to run consecutively to the burglary sentence.\
- On appeal the court affirmed the burglary convictions but held the district court erred by formally adjudicating both burglary counts arising from the same course of conduct, reversed the mandatory-minimum portion of the assault sentences for lack of proof the prior used a firearm, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that C.C. had "lawful possession" to consent/revoke entry | State: testimony shows C.C. lived there with T.C.’s permission, so she had authority to admit and order them out | Crockson: C.C. lacked "lawful possession," so entry/remaining lacked required element for burglary | Evidence sufficient; C.C. and D.H. had T.C.’s permission to occupy the apartment, so C.C. had lawful possession and could consent/revoke entry |
| Formal adjudication of guilt on both burglary counts arising from same conduct | State: convicted on both counts | Crockson: multiple convictions/adjudications violate § 609.04 for same behavioral incident | Court agreed error: vacate formal adjudication of one burglary count and leave guilty verdict unadjudicated per LaTourelle procedure |
| Mandatory-minimum sentencing under § 609.11, subd. 5(a) for assaults | State: prior assault conviction triggers 5-year mandatory minimum because defendant stipulated to prior | Crockson: record does not show prior used a firearm (only a "dangerous weapon") | Reversed: insufficient proof prior conviction involved a firearm, so mandatory minimum cannot be imposed; remand for resentencing |
| District court’s authority to amend complaint during trial to add mandatory-minimum allegation | Crockson (pro se): court lacked authority/amendment improper | State: amendment corrected statutory citation to applicable subsection | Moot: because mandatory minimum cannot be supported on record, the amendment issue does not affect outcome |
Key Cases Cited
- State v. Spence, 768 N.W.2d 104 (Minn. 2009) (defines "lawful possession" as legal right to control premises; occupancy determines burglary liability)
- State v. LaTourelle, 343 N.W.2d 277 (Minn. 1984) (when multiple convictions arise from same act, adjudicate and sentence one count and leave others unadjudicated)
- State v. Totimeh, 433 N.W.2d 921 (Minn. App. 1988) (remaining after being told to leave can satisfy burglary statute's "without consent")
- State v. Slaughter, 691 N.W.2d 70 (Minn. 2005) (not all "dangerous weapons" are firearms; knife-like objects can be dangerous weapons)