may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
Charles Robert Noble,
File No. 95065960
Hubert H. Humphrey III, Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; and
Michael O. Freeman, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, C-2000 Government Center, Minneapolis, MN 55487 (for respondent)
John M. Stuart, State Public Defender, Mark F. Anderson, Assistant State Public Defender, 2829 University Avenue SE, Suite 600, Minneapolis, MN 55414 (for appellant)
Considered and decided by Kalitowski, Presiding Judge, Short, Judge, and Peterson, Judge.
Appellant Charles Robert Noble argues the evidence is insufficient to support the jury verdict convicting him of first-degree criminal sexual conduct in violation of Minn. Stat. §§ 609.342, subd. 1 (c). We affirm.
Appellant contends that because the evidence is not sufficient to establish that the victim feared great bodily harm, his conviction of first-degree criminal sexual conduct cannot stand. We disagree. A review of the trial record indicates that the victim testified: (1) "I was scared not to get up"; (2) that she was afraid of being hurt; (3) that she removed her clothing out of fear; (4) that her emotions at the time were "terrible"; (5) that she was worried about being killed; and (6) that afterwards she was "just happy to be alive." We conclude that this evidence, coupled with the details of appellant's rape of the victim, was sufficient for the jury to conclude that the victim feared great bodily harm and to convict appellant of first-degree criminal sexual conduct.