State v. Kuhnau
| Decision Date | 01 March 2001 |
| Docket Number | No. C2-99-160.,C2-99-160. |
| Citation | 622 N.W.2d 552 |
| Parties | STATE of Minnesota, Respondent, v. Timothy Warren KUHNAU, Petitioner, Appellant. |
| Court | Minnesota Supreme Court |
John M. Stuart, State Public Defender, Bryan J. Leary, Spec. Asst. Public Defender, Minneapolis, for appellant.
Michael A. Hatch, Atty. Gen., Robert Stanich, Asst. Atty. Gen., St. Paul, Gaylord A. Saetre, Todd County Atty., Long Prairie, for respondent.
Heard, considered, and decided by the court en banc.
This appeal involves our review of a jury instruction given in a trial on a charge of conspiracy to commit the crime of first-degree sale of the controlled substance methamphetamine. Appellant Timothy Warren Kuhnau alleges error because the conspiracy instruction given at trial did not include all the elements of the substantive crime that was the object of the conspiracy. The instruction omitted the words "when Mr. Kuhnau knew or believed that the substance sold was methamphetamine." This specific language was, however, included in the instructions given for the three sale of methamphetamine counts that were tried along with the conspiracy count. The jury returned a guilty verdict on the conspiracy count only.
During the fall of 1997, the Todd County Sheriff's Department and the West Central Minnesota Drug Task Force cooperated in an undercover investigation of several individuals suspected of selling methamphetamine in Long Prairie, Minnesota. Drug Task Force Special Agent Charles Sherbrooke and an informant began purchasing methamphetamine in October 1997. They first purchased methamphetamine from Timothy Kuhnau on October 22, 1997. Then, on November 5, 1997, Sherbrooke and the informant made three additional methamphetamine purchases from Kuhnau. At the last sale, Sherbrooke identified himself as a law enforcement officer and arrested Kuhnau. Kuhnau's roommate, Joe Ferrian, and another man were subsequently arrested and charged as conspirators.
Kuhnau was then charged with one count conspiracy to commit controlled substance crime in the first degree (conspiracy to sell fifty grams or more of methamphetamine) in violation of Minn.Stat. §§ 152.096, subd. 1 (2000), and 152.021, subd. 1(3) (2000), and subd. 3 (2000), and two counts controlled substance crime in the second degree (sale of ten grams or more of methamphetamine) in violation of Minn.Stat. § 152.022, subd. 1(2) (1996), and subd. 3 (1996). Kuhnau was also charged with one count controlled substance crime in the fourth degree (sale of methamphetamine) in violation of Minn. Stat. § 152.024, subd. 1(1) (2000), and subd. 3 (2000) for selling methamphetamine on October 22, 1997.
A jury trial was held and Kuhnau testified in his own defense. He testified that Ferrian was a drug dealer and the source of all the methamphetamine. Sometimes Ferrian would "cut" real methamphetamine but sometimes he would sell phony methamphetamine. Kuhnau testified as to the October 22, 1997 sale count stating that he did not know that the substance he sold was in fact methamphetamine. His defense for the November 5, 1997 sale and conspiracy counts was that he thought he was selling "bogus" or phony methamphetamine. The state tested the chemical compositions of the substances Kuhnau and his coconspirators sold, and all substances were found to be authentic methamphetamine. The drugs were then lost when the lab sent them back to the investigators. As a result, Kuhnau was not able to verify the accuracy of the state's testing.
Near the end of his trial, Kuhnau urged the court to modify the proposed conspiracy instruction. He requested that the statutory definition of the conspiracy's substantive crime be removed from the definition section and be inserted directly within the conspiracy instruction. He also requested that the instruction list the additional elements of the substantive crime that have to be found. The court refused Kuhnau's requests. Although Kuhnau was charged by complaint with violating Minn. Stat. § 152.096, subd. 1, the conspiracy instruction used by the court actually tracked Minn.Stat. § 609.175, subd. 2, and 10 Minn. Dist. Judges Ass'n, Minnesota Practice—Jury Instruction Guides, Criminal, CRIMJIG 5.06 (4th ed.1999). Additionally, later on in the definition section, the jury was instructed in regard to the elements of conspiracy CRIMJIG 5.07 and of the following CRIMJIGs: Overt Act (CRIMJIG 5.08), completed crime not necessary (CRIMJIG 5.09), Overt Act not agreed to by defendant (CRIMJIG 5.10), and nature of agreement required (CRIMJIG 5.11).
During closing arguments, Kuhnau argued that if one party intended or agreed to sell phony drugs, that party did not have the intent to conspire to sell real methamphetamine. Kuhnau argued that because he did not agree to sell real methamphetamine, he could not be found guilty of conspiring to sell methamphetamine. The state was allowed to rebut Kuhnau's closing argument on this issue. In rebuttal, the state argued that Kuhnau's statement of the law of conspiracy was inaccurate. The state then reiterated its argument that a conspiracy requires only an agreement to commit a crime and an overt act. The state urged the jurors to refer to their jury instructions on this point rather than what they heard. The instructions omitted the words "knew or believed that the substance sold was methamphetamine."
After deliberating, the jury returned a guilty verdict on the conspiracy count only. The jury acquitted Kuhnau on one of the second-degree sale counts and on the fourth-degree sale count, but the jury was unable to reach a verdict on the remaining second-degree sale count. Following the verdict, Kuhnau moved for judgment of acquittal or, in the alternative, a new trial. The court denied Kuhnau's post-trial motion. The court then sentenced him to the presumptive 134-month sentence. Kuhnau appealed, and the court of appeals affirmed in an unpublished opinion.
Kuhnau appeals the court of appeals' decision, arguing that the conspiracy instruction was in error because the elements of the conspiracy's underlying offense—first-degree sale of a controlled substance—were not included in the conspiracy instruction. The state alleges that Kuhnau's request to include those elements did not amount to an objection to the conspiracy instruction at trial and that because Kuhnau did not raise this issue until his motion for a new trial, the objection to the conspiracy instruction was not timely.
From the outset, we note that although Kuhnau did not clearly articulate his objection to the conspiracy instruction at trial, a detailed examination of the trial transcript convinces us that the objection to the jury instruction he raises now was embodied in his objection at trial. In making his objection at trial, Kuhnau argued that the statutory definition of a first-degree controlled substance offense be included directly within the conspiracy instruction. He further requested the court to "list the additional elements that have to be found so that at least it is clear to the jury that in fact there is more to be reckoned with here * * *."
While this objection was not as explicit as it could have been, the state's response to Kuhnau's objection is illustrative of each party's understanding of its meaning. The state argued:
Getting on to the defendant's allegations that number four on the first-degree conspiracy charge should include all of the elements of a controlled substance crime in the first degree would be totally inaccurate as to the law of conspiracy.
The state's use of the phrase "all of the elements of a controlled substance crime" indicates an interpretation of Kuhnau's objection as more than merely a request to move a statutory definition. Rather, the state interpreted Kuhnau's objection as a request to include all the elements of the conspiracy's substantive crime—including an element instructing the jury to determine whether Kuhnau "knew or believed the substance he sold was methamphetamine."1 Accordingly, we hold that Kuhnau's objection was a request to incorporate this element into the conspiracy charge along with the other statutory elements of a first-degree controlled substance offense. We therefore conclude that Kuhnau properly objected to the substance of the conspiracy instruction at trial. Because Kuhnau objected to the substance of the jury instructions at trial, he has preserved his right to seek a substantive review of the conspiracy instruction given at his trial. Minn. R.Crim. P. 26.03, subd. 18(3).
Our conclusion that Kuhnau objected to the conspiracy instruction at trial controls the standard of review we employ to analyze the remaining issues. We have previously held that a district court has the discretion to determine whether to give a requested jury instruction. State v. Broulik, 606 N.W.2d 64, 68 (Minn.2000). We afford a court significant discretion to craft the jury instructions. State v. Peou, 579 N.W.2d 471, 476 (Minn.1998). We have held that when a district court exercises its discretion and refuses to give a requested instruction, no error results if no abuse of discretion is shown. See State v. Blasus, 445 N.W.2d 535, 542 (Minn. 1989). Thus, we review the court's decision to refuse the requested instruction under an abuse of discretion standard, and the focus of our analysis is on whether the court's refusal to give Kuhnau's requested instruction resulted in error.
When we review jury instructions for error, we review the instructions in their entirety to determine whether they fairly and adequately explained the law of the case. State v. Flores, 418 N.W.2d 150, 155 (Minn.1988). An instruction is in error if it materially misstates the law. See State v. Pendleton, 567 N.W.2d 265, 269-70 (Minn.1997). Furthermore, it is well settled that the court's instructions must define the crime charged. State v. Crace, 289 N.W.2d 54, 59 (Minn.1979). In accordance with this, it is desirable for the court to...
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