This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Terrell James Lavar Pleasant,
Filed October 17, 2006
Scott County District Court
File No. KX-04-19156
Mike Hatch, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and
Patrick J. Ciliberto, Scott County Attorney, Todd P. Zettler, Special Assistant County Attorney, Government Center JC340, 200 4th Avenue West, Shakopee, MN 55379 (for respondent)
John M. Stuart, State Public Defender, Rochelle R. Winn, Assistant State Public Defender, 2221 University Avenue Southeast, Suite 425, Minneapolis, MN 55414 (for appellant)
Considered and decided by Minge, Presiding Judge, Lansing, Judge, and Klaphake, Judge.
Appellant Terrell James Lavar Pleasant challenges his conviction for second-degree attempted murder, claiming that the evidence of intent is insufficient and shows only that he sought to scare the victim. Because the record supports the jury’s conclusion that appellant intended to cause the victim’s death, we affirm.
argues that the evidence at trial was insufficient as a matter of law to sustain
his guilty verdict for second-degree attempted murder. In considering such claims, we limit our
review to whether the evidence, viewed in the light most favorable to the
jury’s verdict, was sufficient to support the verdict. State
v. Webb, 440 N.W.2d 426, 430 (
intent element of a crime, because it involves a state of mind, is generally
proved circumstantially,” and circumstantial evidence is given the same weight
as direct evidence.
Here, the record includes evidence that appellant traveled from Chicago to St. Paul in an attempt to reunite with his ex-girlfriend, whom he had threatened and assaulted on several prior occasions. When she rebuffed him, he telephoned her, told her that he was in Minneapolis, and instructed her to quickly gather his things from her apartment in Savage so that he could take them along on his return bus trip to Chicago. Appellant then took a knife from a person who lived nearby, hid in the victim’s apartment building, and sprang out from his hiding place to attack the victim as she arrived at her apartment. The victim sustained eight stab wounds during the assault, including several defensive stab wounds to her arms and potentially lethal wounds to her neck, liver, and lungs. The knife blade broke off during the attack. Appellant immediately ran from the scene following the assault. Given these facts, we conclude that the evidence was sufficient to show that appellant intended to commit the crime of second-degree murder. See State v. Netland, 535 N.W.2d 328, 330 (Minn. 1995); State v. Steinbuch, 514 N.W.2d 793, 800 (Minn. 1994) (using location and number of stab wounds to demonstrate intent); State v. Chambers, 507 N.W.2d 237, 238 (Minn. 1993) (using number of stab wounds to victim to demonstrate intent); State v. Silverhus, 355 N.W.2d 398, 401 (Minn. 1984) (same); State v. Poppy, 385 N.W.2d 60, 64 (Minn. App. 1986) (using prior threats to victim to demonstrate intent), review denied (Minn. June 13, 1986).