2009-M-107             State of Minnesota, Respondent, vs. Timothy James Peterson, Appellant.

Appellant was convicted of first- and second-degree murder following a bifurcated trial where Peterson pleaded not guilty and not guilty by reason of insanity.  He was sentenced to life in prison without the possibility of release. 

In this direct appeal, Peterson asks us to reverse his convictions based on two issues: (1) the district court violated his due process right under the Minnesota Constitution by prohibiting expert psychiatric testimony in the guilt phase of his bifurcated trial, and   (2) Peterson presented sufficient evidence to prove his mental illness defense by a preponderance of the evidence in the mental illness phase.  Alternatively, Peterson asks that his sentence be amended to life in prison with the possibility of release. 

We affirm Peterson’s convictions, and we conclude that the statute mandating a sentence of life in prison without the possibility of release does not apply to Peterson’s offense.  The correct sentence is life in prison with the possibility of supervised release after 30 years.  We affirm as modified.

               Meyer (Magnuson, Page, Paul Anderson, Barry Anderson, Gildea, and Dietzen)

[MURDER]