STATE v. NELSON

No. A09-956.

State of Minnesota, Respondent, v. Brian Lee Nelson, Appellant.

Court of Appeals of Minnesota.

Filed June 22, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Lee W. Barry, Assistant County Attorney, Minneapolis, Minnesota, (for respondent).

David W. Merchant, Chief Appellate Public Defender, Jessica Merz Godes, Assistant Public Defender, St. Paul, Minnesota, (for appellant).

Considered and decided by Klaphake, Presiding Judge; Minge, Judge; and Wright, Judge.


UNPUBLISHED OPINION

WRIGHT, Judge.

In this appeal from his conviction of possession of a firearm by a prohibited person, appellant argues that the district court erred by (1) accepting appellant's stipulation to being a prohibited person without an express waiver of his right to a jury trial on every element of the offense and without adequate evidentiary support; (2) improperly instructing the jury as to the definition of constructive possession; and (3...

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