2009-M-119              State of Minnesota, Respondent, vs. Everado NMN Cruz-Ramirez, Appellant.

A Hennepin County jury found appellant Everado NMN Cruz-Ramirez (Cruz) guilty of four counts of first-degree murder and two counts of second-degree murder for the shooting death of Heli Hernandez Leon, and six counts of attempted first-degree murder and six counts of attempted second-degree murder for the shooting injuries of three other men.  The district court entered convictions on each guilty verdict.  The court sentenced Cruz to life in prison for first-degree premeditated murder, plus three consecutive 186-month sentences for attempted first-degree murder of the other victims.  On direct appeal, Cruz argues: (1) the court erred by admitting expert testimony on gang activity; (2) the court plainly erred in its jury instructions; (3) there was insufficient evidence to convict Cruz of first-degree murder; and (4) Cruz’s unsentenced convictions should be vacated.  In his pro se supplemental brief, Cruz makes five additional arguments.  We affirm the district court, but modify Cruz’s convictions by vacating his unsentenced convictions.

First, the district court did not clearly err in allowing gang expert testimony on the criminal activity of two rival gangs, and any error in allowing gang expert testimony that was duplicative of lay witnesses‟ testimony was not reversible error.

Second, the district court did not err in instructing the jury on transferred intent or attempted murder.

Third, the evidence, viewed in the light most favorable to the verdict, was sufficient to support that appellant acted with premeditation and the intent to kill.

Fourth, appellant’s unsentenced convictions may be vacated when the State does not object to such vacation.

Fifth, in his pro se claims, appellant failed to demonstrate that the district court erred in admitting photographic and photo lineup evidence, instructing the jury on media coverage, and giving appellant multiple sentences; appellant also failed to demonstrate prosecutorial misconduct. 

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

[MURDER]