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STATE v. VALTIERRA

No. A05-919.

718 N.W.2d 425 (2006)

STATE of Minnesota, Respondent, v. Daniel James VALTIERRA, Appellant.

Supreme Court of Minnesota.

July 27, 2006.

Attorney(s) appearing for the Case

Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, MN, for appellant.

Michael Hatch, Attorney General, Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Asst. Ramsey County Attorney, St. Paul, MN, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

MEYER, Justice.

Following a jury trial in January 2005, appellant Daniel James Valtierra was convicted of two counts of first-degree felony murder and one count of attempted first-degree felony murder for the shooting deaths of Ron Glasgow and Wayne Costilla, and for the shooting of Andria Crosby. In this direct appeal, Valtierra argues that the district court's jury instructions were improper both because the jury was instructed that guilt could...

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