may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Jon Pinkerton Koemptgen,
Filed March 25, 1997
St. Louis County District Court
File No. T5-96-607714
Hubert H. Humphrey, III, Attorney General, 14th Floor NCL Tower, 445 Minnesota Street, St. Paul, MN 55101 (for Respondent)
William P. Dinan, Duluth City Attorney, M. Alison Lutterman, Assistant City Attorney, 410 City Hall, Duluth, MN 55802 (for Respondent)
Fred T. Friedman, Sixth Judicial District Chief Public Defender, Camille V. Doran, Assistant Public Defender, 920 Alworth Building, 306 West Superior Street, Duluth, MN 55802 (for Appellant)
Considered and decided by Amundson, Presiding Judge, Short, Judge, and Harten, Judge.
Appellant Jon Koemptgen challenges his petty misdemeanor conviction for giving a false name and birth date to police, arguing that (1) the request for identification was unlawful, and (2) there is insufficient evidence to support his conviction. We affirm.
Unable to confirm the name and birth date, the officer questioned Koemptgen further and twice asked him if he used any other names. After providing a second name that the officer could not verify, eventually Koemptgen provided the name Jon Koemptgen, with no middle name and the same birth date. Likewise unable to confirm this information, the officer radioed the desk officer who found the name Jon Pinkerton Koemptgen with an April 22, 1976, birth date. Confronted with this information, Koemptgen admitted that his middle name was Pinkerton.
At trial, Koemptgen testified that when the officers stopped the car, he knew his legal name was Jon Pinkerton Koemptgen. The district court found Koemptgen guilty of giving a false name and birth date, in violation of Minn. Stat. § 609.506 (1996).
Koemptgen also argues that there was insufficient evidence to support his conviction. When reviewing a sufficiency of the evidence claim, we apply the same standard of review regardless of whether a case is tried to a jury or to a judge without a jury. State v. Cox, 278 N.W.2d 62, 65 (Minn. 1979). We will uphold the district court's findings if, given the evidence in the record, the defendant could reasonably be found guilty of the charged offense. Id. On appeal, we view the evidence in a light most favorable to the state and assume that the district court disbelieved any evidence to the contrary. Id.
Here, the record indicates that Koemptgen knew that his legal name was Jon Pinkerton Koemptgen when the officer requested this information. Nonetheless, Koemptgen withheld the information. After the officer twice asked him if was known by any other names, Koemptgen still did not give his full legal name and the officer had to independently confirm his identity. Koemptgen testified:
I was simply giving the name that I go by and I was simply not giving the officer any further information until he asked for it.
The evidence demonstrates that Koemptgen knowingly failed to give the officer complete and accurate information. Therefore, we conclude that the evidence supports the conviction.