2010-M-134             State of Minnesota, Respondent, vs. Jonard Brandon McDaniel, Appellant.

Appellant Jonard Brandon McDaniel was indicted in Hennepin County District Court for aiding and abetting first-degree premeditated murder, under Minn. Stat. § 609.185(a)(1) (2008) and Minn. Stat. § 609.05, subd. 1 (2008), and committing a crime for the benefit of a gang, under Minn. Stat. § 609.229 (2008).  The State alleged that McDaniel aided and abetted Cornelius Jackson and LaMonte Martin in killing Christopher Lynch.  A Hennepin County jury found McDaniel guilty of both counts.  Judgment of conviction was entered for aiding and abetting first-degree premeditated murder and crime committed for the benefit of a gang, and McDaniel was sentenced to life in prison without the possibility of release.  We affirm.

First, the district court did not abuse its discretion in admitting evidence of flight to show consciousness of guilt.

Second, the district court did not abuse its discretion in admitting limited gang evidence and gang expert testimony.

Third, the prosecutor did not commit reversible error during opening statement, closing argument, or questioning of witnesses.  

Fourth, the punishment of life in prison without the possibility of release for aiding and abetting first-degree premeditated murder was not cruel or unusual punishment in violation of the Minnesota Constitution. 

 Affirmed.  

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

               [MURDER]