Opinion
No. C4-98-1784.
Filed June 8, 1999.
Appeal from the District Court, Red Lake County, File No. K89830.
Mike Hatch, Attorney General, John B. Galus, Assistant Attorney General, and
Daniel Geller, Red Lake County Attorney, (for respondent)
John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant State Public Defender, (for appellant)
Considered and decided by Peterson, Presiding Judge, Short, Judge, and Shumaker, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998).
UNPUBLISHED OPINION
Gerald Eugene Kirchmeier was convicted following a bench trial of making terroristic threats in violation of Minn. Stat. § 609.713, subd. 1 (1998). On appeal, Kirchmeier argues the evidence was insufficient to sustain the conviction. We affirm.
DECISION
Evidence is sufficient to support a conviction if, given the facts in the record and any legitimate inferences taken from those facts, a fact-finder could reasonably find the defendant guilty of the offense. State v. Merrill , 274 N.W.2d 99, 111 (Minn. 1978). We do not retry the facts, but instead view the evidence in the light most favorable to the fact-finder's verdict and assume the fact-finder believed the state's witnesses and disbelieved any contrary evidence. Id .
Kirchmeier argues the circumstantial evidence regarding intent was insufficient to support his conviction. See, e.g. , State v. Taylor , 264 N.W.2d 157, 160 (Minn. 1978) (Sheran, C.J., dissenting) (noting terroristic threats statute was not intended to punish flippant comments, jokes, or expressions of transitory anger). The record demonstrates: (1) Kirchmeier's former brother-in-law testified that Kirchmeier called him unexpectedly on January 6, 1998 at 6:49 p.m., and said, "Al, this is Jerry. I'm going to kill you;" (2) phone records confirmed a half-minute phone call was made from Kirchmeier's residence to his former brother-in-law's residence on January 6, 1998 at 6:49 p.m.; and (3) Kirchmeier's former brother-in-law was fearful, slept with a loaded shotgun, and obtained a permit to carry a concealed weapon to protect himself. Given these facts, the trial court could reasonably conclude Kirchmeier made a threat with the intent of terrorizing his former brother-in-law. See State v. Schweppe , 306 Minn. 395, 399-401, 237 N.W.2d 609, 613-14 (1975) (holding "intent" can be established through circumstantial evidence including victim's reaction). Under these circumstances, there is sufficient evidence to sustain the conviction.