State of Minnesota v. Travis Loren Clemmensen
A15-1455
Minn. Ct. App.Oct 3, 2016Background
- Following an argument, appellant Travis Clemmensen repeatedly punched, strangled, and tackled his domestic partner L.J., causing facial, dental, eyewear, and knee injuries.
- L.J.’s knee popped out of its socket after the assault; he could not stand for more than a very brief time immediately after and required a cane and full-immobilization brace for five months.
- At trial, L.J. still experienced knee instability and limited stair-climbing ability.
- A jury convicted Clemmensen of third-degree assault (felony) and misdemeanor domestic assault; the district court stayed the felony sentence and imposed probation, and sentenced 90 days for the misdemeanor.
- On appeal Clemmensen challenged (1) sufficiency of the evidence to prove "substantial bodily harm" required for third-degree assault, and (2) that the domestic-assault conviction should be vacated as a lesser-included offense or its sentence vacated because both offenses arose from a single behavioral incident.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Clemmensen) | Held |
|---|---|---|---|
| Was there sufficient evidence of "substantial bodily harm" for third-degree assault? | Evidence of knee dislocation/instability, months of immobilization and continued limited mobility suffice. | Knee injury and mobility limitations were not shown to be a substantial impairment. | Yes. Jury could reasonably find the knee injury caused a temporary but substantial impairment. |
| Is misdemeanor domestic assault a lesser-included offense of third-degree assault ("lesser degree of same crime")? | (State) It is not part of the assault multi-tier scheme and thus not a lesser degree. | Domestic assault is a lesser degree of the assault scheme under Hackler. | No. Domestic assault is in a separate statutory scheme and not a lesser degree of third-degree assault. |
| Is domestic assault "necessarily proved" by proof of third-degree assault? | (State) No—domestic assault requires family/household relationship element not required for third-degree assault. | Yes—proof of the assault necessarily proves domestic-assault elements. | No. Third-degree assault does not necessarily prove the domestic-relationship element. |
| May the district court impose sentences for both offenses from the same behavioral incident? | (State) Court may punish the most serious offense arising from one incident under section 609.035. | (Defendant) Argued conviction should be vacated as lesser-included or merged. | The misdemeanor sentence for domestic assault is vacated; the felony sentence for third-degree assault is affirmed. |
Key Cases Cited
- State v. Larkin, 620 N.W.2d 335 (Minn. App. 2001) (definition and ordinary meaning of "substantial" in substantial bodily harm)
- State v. Caine, 746 N.W.2d 339 (Minn. 2008) (standard for reviewing sufficiency of the evidence)
- State v. Porte, 832 N.W.2d 303 (Minn. App. 2013) (presumption that factfinder may believe state witnesses and disbelieve contrary evidence)
- Bernhardt v. State, 684 N.W.2d 465 (Minn. 2004) (review deference to jury verdicts when evidence viewed in light most favorable to conviction)
- State v. Hackler, 532 N.W.2d 559 (Minn. 1995) (discussion of when offenses form a multi-tier statutory scheme)
- State v. Kebaso, 713 N.W.2d 317 (Minn. 2006) (single behavioral incident rule; punish the most serious offense arising from one incident)