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STATE v. ROY

No. C7-86-1787.

408 N.W.2d 168 (1987)

STATE of Minnesota, Respondent, v. Scott W. ROY, Appellant.

Court of Appeals of Minnesota.

Review Denied July 22, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Anne E. Peek, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Michael F. Cromett, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by LANSING, P.J., and HUSPENI and RANDALL, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

Appellant Scott Roy was convicted of murder in the second degree, Minn.Stat. § 609.19(1) (1984), for killing his brother. On appeal he claims the trial court erred in several evidentiary rulings and that the evidence was insufficient to prove he did not act in self-defense. He also contends the trial court erred in refusing to depart downward from the presumptive guidelines sentence. We affirm.

FACTS

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