2010-M-136             State of Minnesota, Respondent, vs. Gary H. Tomassoni, Appellant.

The State’s improper use of evidence admitted solely for impeachment purposes

did not affect appellant’s substantial rights.

 Affirmed.

On July 21, 2007, appellant Gary Tomassoni shot and killed his wife of 24 years.  A grand jury indicted him for first-degree premeditated murder, in violation of Minn. Stat. § 609.185(a)(1) (2008).  Tomassoni admitted killing his wife, and his sole defense was that the killing was not premeditated.  The jury found him guilty of first-degree premeditated murder, and he received a sentence of life imprisonment without the possibility of release. 

He now appeals, arguing that his conviction should be overturned because during closing argument, the prosecutor used evidence that had been admitted solely to impeach Tomassoni’s credibility for the substantive purpose of proving premeditation.  Tomassoni also raises several arguments in a pro se supplemental brief.  We affirm.

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

               [MURDER]