2009-M-125              State of Minnesota, Respondent, vs. Ryan Adam Johnson, Appellant.

Appellant, Ryan Adam Johnson, was convicted of first-degree murder while committing child abuse, first-degree murder while committing domestic abuse, and second-degree intentional murder, for the death of his infant child, Jonah Johnson. 

Johnson argues that there was insufficient evidence to prove a past pattern of child and domestic abuse, and that the district court erred in convicting him for three counts of murder for the same incident.  We hold that there is sufficient evidence to support his convictions and affirm in part, but we reverse in part and vacate two of his three murder convictions.

In order to prove beyond a reasonable doubt a pattern of child or domestic abuse, the State must prove beyond a reasonable doubt a sufficient number of underlying acts of abuse to constitute a pattern.  The evidence was sufficient to meet that standard.   Affirmed in part and reversed in part.

               Magnuson (Page, Paul Anderson, Meyer, Barry Anderson, Gildea, and Dietzen)

[MURDER]