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STATE v. EGGE

Minnesota Court of Appeals
Jun 13, 2000
611 N.W.2d 573 (Minn. Ct. App. 2000)

Summary

finding violation of harassment restraining order when respondent initiated contact with petitioner through third party

Summary of this case from Francis v. Lawson

Opinion

No. C3-99-1415

Filed June 13, 2000.

Jackson County District Court, File No. K7981032.

Mike Hatch, Attorney General, Robert A. Stanich, Assistant Attorney General, Mark Staffan, Jackson County Attorney, (for respondent).

John M. Stuart, State Public Defender, Susan J. Andrews, Assistant Public Defender, (for appellant).

Considered and decided by Shumaker, Presiding Judge, Crippen, Judge, and Klaphake, Judge.


OPINION


The issue in this case arises in the context of a felony accusation of harassment, premised on the occurrence of two underlying wrongful acts, one act being the violation of a prior restraining order. Concluding that the evidence is sufficient to find appellant violated the restraining order by instigating the harassment of S.B. by third-party contact, we affirm.

FACTS

In October 1997, a restraining order was issued prohibiting appellant from contacting or harassing S.B. In April 1998, appellant applied for a life insurance policy and named S.B. as a beneficiary. Appellant provided his life insurance agent with S.B.'s phone number and directed the agent to call S.B. to get information needed for the policy application. Appellant does not dispute the significant nature of the harassment thereby occurring but challenges whether this contact was prohibited by a restraining order that did not specifically mention contact initiated by appellant and completed by a third party.

ISSUE

Is the evidence sufficient to conclude that appellant violated the restraining order?

ANALYSIS

When reviewing a challenge to the sufficiency of the evidence, this court reviews the record to determine if "the evidence, when viewed in a light most favorable to the conviction, was sufficient to permit the jurors to reach the verdict which they did." State v. Harris , 589 N.W.2d 782, 791 (Minn. 1999) (quotation omitted). We assume that "the jury believed the state's witnesses and disbelieved any evidence to the contrary." Id . (quotation omitted). Our review is limited to determining whether the jury, giving due regard to the presumption of innocence and the state's burden of proof beyond a reasonable doubt, "could reasonably conclude that the defendant was guilty based on the facts in the record and any legitimate inferences therefrom." Id . (quotation omitted).

The evidence is sufficient for the jury to have concluded that appellant violated the restraining order. His instigation of an act of harassment is thoroughly demonstrated, as appellant gave the agent S.B.'s phone number, directed him to call S.B. on his behalf, and knew the agent would call S.B.

Minn. Stat. § 609.748, subd. 8, requires that a restraining order include a "conspicuous notice" of the "specific conduct that will constitute a violation of the order." Minn. Stat. § 609.748, subd. 8(1) (1998). While nothing in the restraining order in this case specifically mentioned contact instigated by appellant and completed by a third party, the order nonetheless required appellant have "no contact with" and "not harass" S.B. There is no less significance or special significance to the contact simply because it was completed by a third party after being instigated or initiated by appellant. By instigating and initiating such contact, appellant violated the restraining order that prohibited him from contacting or harassing S.B.

DECISION

The evidence was sufficient for the jury to conclude appellant violated the restraining order by instigating contact with S.B. through a third party.

Affirmed.


Summaries of

STATE v. EGGE

Minnesota Court of Appeals
Jun 13, 2000
611 N.W.2d 573 (Minn. Ct. App. 2000)

finding violation of harassment restraining order when respondent initiated contact with petitioner through third party

Summary of this case from Francis v. Lawson

upholding HRO violation occasioned by a third-party insurance agent contacting victim about a policy application at the defendant's behest

Summary of this case from Paye v. Kiatamba

affirming finding of indirect contact in violation of HRO where the defendant directed his insurance agent to call the victim

Summary of this case from Billings v. Olson

affirming jury determination that defendant violated an HRO requiring him not to contact or harass the victim by contacting her through a third party

Summary of this case from Pesola v. Jahraus

affirming jury determination that defendant violated HRO by initiating contact with victim through a third party

Summary of this case from Johnson v. Arlotta

affirming conviction for violation of harassment restraining order where defendant applied for life insurance on person protected by order, causing insurance agent to contact person protected by order

Summary of this case from State v. Hedtke

describing appellant's behavior as third-party contact where he "gave the agent S.B.'s phone number, directed [the agent] to call S.B. on his behalf, and knew the agent would call S.B."

Summary of this case from Schewe v. Doyle
Case details for

STATE v. EGGE

Case Details

Full title:State of Minnesota, Respondent, vs. James William Egge, Appellant

Court:Minnesota Court of Appeals

Date published: Jun 13, 2000

Citations

611 N.W.2d 573 (Minn. Ct. App. 2000)

Citing Cases

State v. Christensen

This court's caselaw recognizes that if an HRO prohibits "contact," the person restrained by the HRO may not…

Thompson v. Britton

See State v. Egge, 611 N.W.2d 573, 575 (Minn.App. 2000) (determining that harassment occurred when…