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STATE v. CALDWELL

No. A11-292.

815 N.W.2d 512 (2012)

STATE of Minnesota, Respondent, v. Tierre Davon CALDWELL, Appellant.

Court of Appeals of Minnesota.

April 16, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN, and Michael O. Freeman , Hennepin County Attorney, Thomas A. Weist , Assistant County Attorney, Minneapolis, MN, for respondent.

Bradford S. Delapena , St. Paul, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; ROSS, Judge; and TOUSSAINT, Judge.

OPINION

ROSS, Judge.

Tierre Caldwell shot P.B. in the knee and was found guilty of first-degree assault, first-degree assault for the benefit of a gang, drive-by shooting, and drive-by shooting for the benefit of a gang. Caldwell argues on appeal that the district court abused its discretion by prohibiting his counsel from commenting to the jury on the state's failure to elicit an in-court identification of him from a testifying witness, that there was insufficient...

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