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STATE v. BROWN

No. A10-672.

796 N.W.2d 169 (2011)

STATE of Minnesota, Respondent, v. James BROWN, Appellant.

Court of Appeals of Minnesota.

April 19, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Chad M. Larson , Douglas County Attorney, Alexandria, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, G. Tony Atwal , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; ROSS, Judge; and CONNOLLY, Judge.

OPINION

ROSS, Judge.

James Brown appeals from his felony drive-by shooting convictions, arguing that the evidence was insufficient to establish the immediacy element implicit in the statute. Because sufficient evidence does not establish beyond a reasonable doubt that Brown fired a gun "having just exited from a motor vehicle," we reverse the convictions.

FACTS

James Brown and Rufus Russel had a violent rivalry with Randell Robertson, Curtis...

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