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STATE v. PORTER

No. C3-03-223.

674 N.W.2d 424 (2004)

STATE of Minnesota, Respondent, v. Michael Montgomery PORTER, Appellant.

Court of Appeals of Minnesota.

February 4, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, MN, for respondent.

John M. Stuart, State Public Defender, Theodora K. Gaitas, Assistant Public Defender, Minneapolis, MN; and Karl E. Robinson, Special Assistant State Public Defender, Winthrop & Weinstine, PA, Minneapolis, MN, for appellant.

Considered and decided by WILLIS, Presiding Judge; KLAPHAKE, Judge; and ANDERSON, Judge.

OPINION

WILLIS, Judge.

On appeal from his conviction of felon in possession of a firearm, appellant argues that there is insufficient evidence to support the conviction and that the jury instruction on that charge misstated the law.

We conclude that the evidence was sufficient, but because we also conclude that the jury instruction materially and prejudicially misstated the law regarding constructive possession...

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