STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Jorge Clabero Munoz,
Filed July 13, 1999
Hennepin County District Court
File No. 96081510
Mike Hatch, Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; and
Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, C-2000 Government Center, Minneapolis, MN 55487 (for respondent)
Douglas W. Thomson, 332 Minnesota Street, Suite W-1260, St. Paul, MN 55101 (for appellant)
Considered and decided by Shumaker, Presiding Judge, Short, Judge, and Peterson, Judge.
Jorge Clabero Munoz was convicted of second-degree felony murder in violation of Minn. Stat. § 609.19, subd. 2(1) (1996). On appeal, Munoz argues the state failed to provide sufficient evidence that he did not act in self-defense. We affirm.
Munoz argues the state failed to disprove his self-defense claim. See State v. Boyce, 284 Minn. 242, 254, 170 N.W.2d 104, 112 (1969) (defining elements of self-defense claim). But the record shows: (1) Munoz entered a bar with friends, who appeared underage; (2) the bar owner repeatedly told Munoz and his friends to leave the premises; (3) during the verbal argument with the bar owner, Munoz was standing in front of or near the exit door and his exit was not blocked; (4) other bar patrons tried to stop the argument between Munoz and the bar owner; (5) the bar owner was unarmed and did not hit or injure Munoz; and (6) Munoz stabbed the bar owner, causing the bar owner to die where he fell. Given these facts, we conclude the state provided sufficient evidence to support the conclusion that Munoz did not kill the bar owner in self-defense. See Boyce, 284 Minn. at 254, 258, 170 N.W.2d at 112, 114 (noting killing in self-defense must be reasonable exertion of force under circumstances, and can only be done in extreme circumstances when no other practicable means to avoid threatened harm are apparent).