CASE LAW UPDATE: Was the evidence sufficient to establish defendant’s possessed a firearm?
After a court trial, defendant was found guilty of felon in possession of a firearm. Defendant appealed. He argued that the evidence was not sufficient to prove beyond a reasonable doubt that he committed the crime of felon in possession of a firearm, which has a five (5) year mandatory minimum prison sentence. The Minnesota Court of Appeals held that the employee’s testimony that she saw defendant holding a handgun was sufficient direct evidence that defendant possessed a firearm. Affirmed.
State v. Phillips, A19-0863, Ramsey County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.