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359 N.W.2d 286

State v. McGhee

Court of Appeals of Minnesota

Decided December 18, 1984

Court of Appeals of Minnesota · decided 1984-12-18

Cited by 1 later decisions — most recently October 1985

1 state decisions

Applies MN 624 § 624.713

Relies on State v. Davidson

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-18

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¶1 SUMMARY OPINION

POPOVICH, Chief Judge.

¶2 FACTS

¶3 Appellant Ronald McGhee was convicted of being a felon in possession of handgun in violation of Minn.Stat. §§ 624.713, subds. 1(b), 2 and 609.03 (1982). He claims (1) the evidence was insufficient and (2) the trial court erred in refusing his request to stipulate his prior felony conviction. We affirm.

¶4 DECISION

¶5 1. The evidence was sufficient to convict appellant of being a felon in possession of a handgun. Two officers testified that when appellant got out of his car, he fumbled with something in his waistband which appeared to be dark metal. When ordered to freeze, appellant crouched toward the car’s front seat, bent over, and reached into the front seat as if putting an object underneath the driver’s seat. A pistol was found underneath the seat. When asked if he had a permit for it, appellant said he did not.

¶6 2. In State v. Davidson, 351 N.W.2d 8 (Minn.1984), decided after the trial court declined to accept appellant’s offer to stipulate, the Minnesota Supreme Court held it was error to refuse acceptance of a stipulation to prior felony convictions which would remove the issue of a felon in possession of handgun prosecution from the jury. The error in Davidson, however, was not so prejudicial as to require reversal. Id. at 12. Likewise, here the refusal to accept the stipulation was not so prejudicial as to require reversal. The evidence against appellant was strong, and the prior convictions were properly used as impeachment of appellant’s testimony. Further, appellant himself, in explaining his actions when the police approached, told the jury he was on parole. In any matter occurring after Davidson, however, we strongly urge trial courts to accept such stipulations to avoid claims of prejudice in future appeals.

¶7 Affirmed.

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