2009-M-118             State of Minnesota, Respondent, vs. Myon Demarlo Burrell, Appellant.

Appellant Myon was twice convicted of first-degree murder and attempted first-degree murder and sentenced to life in prison for the shooting death of Tyesha Edwards, an 11-year-old girl who was struck and killed by a stray bullet in her south Minneapolis home. 

On appeal from his second trial, Burrell challenges his conviction and sentence, arguing that the district court erred in (1) admitting evidence of prior bad acts, (2) admitting the testimony of a gang expert, (3) admitting the grand jury testimony of a deceased witness, and (4) imposing a harsher sentence than the sentence Burrell received after his first trial.  We affirm in part, reverse in part, and remand.

                                        f

First, admitting evidence of defendant’s prior shootings to show motive was not an abuse of discretion.

Second, admitting certain gang expert testimony, if error, was harmless.

Third, admitting grand jury testimony of a deceased witness was harmless.

Fourth, imposing a harsher sentence after defendant’s second trial was error under State v. Holmes, 281 Minn. 294, 296, 161 N.W.2d 650 (1968)

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

               Took no part:  Gildea

[MURDER]