STATE v. VAZQUEZ

No. C5-01-1028.

644 N.W.2d 97 (2002)

STATE of Minnesota, Respondent, v. Aeropajito Castro VAZQUEZ, Appellant.

Court of Appeals of Minnesota.

April 16, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant Ramsey County Attorney, St. Paul, for respondent.

Brian McNee Marsden, St. Paul, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, LANSING, Judge, and PORITSKY, Judge.


OPINION

TOUSSAINT, Chief Judge.

Appellant Aeropajito Vazquez appeals from the judgment of conviction, arguing the trial court erred in denying his request for a self-defense jury instruction. Because the record supports the court's determination that Vazquez did not have an actual and honest belief that he was in imminent danger once he gained control over the gun involved in the struggle, we affirm.

FACTS

After a ten-year marriage, appellant...

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