Public-domain · open source
OpenJurist

287 N.W.2d 923

State v. Sperl

Supreme Court of Minnesota

Decided December 21, 1979

Supreme Court of Minnesota · decided 1979-12-21

Applies MN 609 § 609.52

Relies on State v. Schluter

Good law ✅— No negative treatment on recordhow we know

Decided 1979-12-21

How this case has been cited

Cited by 6 later decisions — most recently July 2005

6 state decisions

301979198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

YETKA, Justice.

¶1Defendant, who was charged with felony theft (theft of more than $100), Minn.Stat. § 609.52, subd. 2(1), 3(2) (1974), was found guilty by a district court jury of the lesser-included offense of misdemeanor theft (theft of $100 or less), § 609.52, subd. 3(5). The trial court has stayed imposition of sentence pending the outcome of this appeal by defendant. Issues raised by defendant relate to the sufficiency of the evidence and the propriety of the trial court’s submitting the lesser offense over defense counsel’s objection. We affirm.

¶2There is no merit to defendant’s contention that the evidence of his guilt was legally insufficient. Defendant’s other contention basically is that a defendant ought to be able to prevent submission of lesser offenses. We have rejected this contention in a number of cases, most recently in State v. Schluter, 281 N.W.2d 174 (Minn.1979). We again do so in this case.

¶3Affirmed.

/287/nw2d/923 · .json · Public domain