Don't hide in a homeless shelter!
2015-M-294 Otha Eric Townsend, Petitioner, Appellant, vs. State of Minnesota, Respondent.
THE CRIME: On October 30, 1992, Candis Koch-Wilson brought met Townsend at a bar and brought him to the St, Paul apartment of her friend Lisa Johnson for him to offer sample and possibly buy some of Johnson's marijuana. Townsend and Koch-Wilson left to get money for the purchase from an ATM. With her money in hand, Townsend shot Koch-Wilson to death in the back seat of his car and dumped her body on the street. Townsend returned to Johnson's apartment, drank her wine, stole her marijuana, and shot her in the back. She survived. Police found his fingerprints. ammunition in his apartment that matched bullets recovered from the women's bodies, and blood matching Koch-Wilson in the back of Townsend's partially-burned car. One year later, police found Townsend hiding in a homeless shelter in Dallas, Texas.
2015-M-294 Otha Eric Townsend, Petitioner, Appellant, vs. State of Minnesota, Respondent.
THE CRIME: On October 30, 1992, Candis Koch-Wilson brought met Townsend at a bar and brought him to the St, Paul apartment of her friend Lisa Johnson for him to offer sample and possibly buy some of Johnson's marijuana. Townsend and Koch-Wilson left to get money for the purchase from an ATM. With her money in hand, Townsend shot Koch-Wilson to death in the back seat of his car and dumped her body on the street. Townsend returned to Johnson's apartment, drank her wine, stole her marijuana, and shot her in the back. She survived. Police found his fingerprints. ammunition in his apartment that matched bullets recovered from the women's bodies, and blood matching Koch-Wilson in the back of Townsend's partially-burned car. One year later, police found Townsend hiding in a homeless shelter in Dallas, Texas.
THIS APPEAL: In these two matters, petitioner Otha Eric Townsend appeals from the post-conviction court’s denial of his petition for post-conviction relief and his second motion to correct his sentence under Minn. R. Crim. P. 27.03, subd. 9 (“Rule 27.03”). Townsend was convicted of first-degree murder in 1994 and of second-degree attempted murder in 1995. In 2014, the post-conviction court denied Townsend’s petition for post-conviction relief without an evidentiary hearing as time-barred and procedurally barred. The post-conviction court also denied Townsend’s Rule 27.03 motion, concluding that Townsend had raised the same issue in a previous motion and that this court had determined his motion to be without merit. Because Townsend’s post-conviction petition is time-barred and Townsend’s motion raises the same issue that we decided had no merit in his previous Rule 27.03 motion, we affirm in both matters
HELD: 1. Because petitioner’s post-conviction petition is time-barred under Minn. Stat. § 590.01, subd. 4(a) (2014), the post-conviction court did not err when it denied the petition without an evidentiary hearing.
2. Because petitioner raises the same issue that we decided had no merit in his previous motion, brought pursuant to Minn. R. Crim. P. 27.03, subd. 9, the post-conviction court did not err when it denied petitioner’s motion to correct his sentence.
Affirmed.
Gildea (Page, Anderson, Dietzen, Stras, Wright, and Lillehaug)
[MURDER]
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