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State v. McGhee

Minnesota Court of Appeals
Dec 18, 1984
359 N.W.2d 286 (Minn. Ct. App. 1984)

Summary

holding testimony by two officers was sufficient to support conviction for possession of handgun by felon where appellant got out of his car, fumbled with something in his waistband that appeared to be dark metal; when ordered to freeze, appellant crouched toward car's front seat, bent over, and reached into front seat as if putting an object underneath the driver's seat; and a pistol was found underneath the seat

Summary of this case from State v. Davenport

Opinion

No. C6-84-609.

December 18, 1984.

Appeal from the District Court, Hennepin County, William S. Posten, J.

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Jonathan G. Steinberg, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.


SUMMARY OPINION


FACTS

Appellant Ronald McGhee was convicted of being a felon in possession of handgun in violation of Minn.Stat. §§ 624.713, subds. 1(b), 2 and 609.03 (1982). He claims (1) the evidence was insufficient and (2) the trial court erred in refusing his request to stipulate his prior felony conviction. We affirm.

DECISION

1. The evidence was sufficient to convict appellant of being a felon in possession of a handgun. Two officers testified that when appellant got out of his car, he fumbled with something in his waistband which appeared to be dark metal. When ordered to freeze, appellant crouched toward the car's front seat, bent over, and reached into the front seat as if putting an object underneath the driver's seat. A pistol was found underneath the seat. When asked if he had a permit for it, appellant said he did not.

2. In State v. Davidson, 351 N.W.2d 8 (Minn. 1984), decided after the trial court declined to accept appellant's offer to stipulate, the Minnesota Supreme Court held it was error to refuse acceptance of a stipulation to prior felony convictions which would remove the issue of a felon in possession of handgun prosecution from the jury. The error in Davidson, however, was not so prejudicial as to require reversal. Id. at 12. Likewise, here the refusal to accept the stipulation was not so prejudicial as to require reversal. The evidence against appellant was strong, and the prior convictions were properly used as impeachment of appellant's testimony. Further, appellant himself, in explaining his actions when the police approached, told the jury he was on parole. In any matter occurring after Davidson, however, we strongly urge trial courts to accept such stipulations to avoid claims of prejudice in future appeals.

Affirmed.


Summaries of

State v. McGhee

Minnesota Court of Appeals
Dec 18, 1984
359 N.W.2d 286 (Minn. Ct. App. 1984)

holding testimony by two officers was sufficient to support conviction for possession of handgun by felon where appellant got out of his car, fumbled with something in his waistband that appeared to be dark metal; when ordered to freeze, appellant crouched toward car's front seat, bent over, and reached into front seat as if putting an object underneath the driver's seat; and a pistol was found underneath the seat

Summary of this case from State v. Davenport

upholding trial court's refusal to accept a stipulation where the trial court's decision was made prior to Davidson

Summary of this case from State v. Allen
Case details for

State v. McGhee

Case Details

Full title:STATE of Minnesota, Respondent, v. Ronald W. McGHEE, Appellant

Court:Minnesota Court of Appeals

Date published: Dec 18, 1984

Citations

359 N.W.2d 286 (Minn. Ct. App. 1984)

Citing Cases

State v. Davenport

Viewed in the light most favorable to the verdict, the evidence is sufficient to prove beyond a reasonable…

State v. Barnes

Id. at 10. In the last case Barnes cites, State v. McGhee, 359 N.W.2d 286 (Minn.App. 1984), the facts show…