2010-M-163             State of Minnesota, Respondent, vs. Brian Lee Flowers, Appellant.

The Hennepin County Grand Jury indicted 16-year-old Brian Flowers on two counts of first-degree premeditated murder, Minn. Stat. §§ 609.185(a)(1), 609.05, subd. 1 (2008), and two counts of first-degree murder while committing or attempting to commit aggravated robbery, Minn. Stat. §§ 609.185(a)(3), 609.05, subd. 1 (2008), for causing the deaths of Katricia Daniels and Robert Shepard.  A jury found Flowers guilty of all four counts.  The Hennepin County District Court sentenced Flowers to two consecutive terms of life in prison for the premeditated murder of Daniels and the premeditated murder of Shepard.  Flowers appealed his convictions, claiming that (1) the court violated his Fifth Amendment rights by erroneously admitting into evidence the first statement he gave to the police; (2) the court erred when it failed to instruct the jury on his defense theory; and (3) the evidence was insufficient for a finding of guilt beyond a reasonable doubt.  We affirm.

First, the defendant was not in custody when he gave his first statement to the police; therefore the district court did not violate defendant’s Fifth Amendment rights when it admitted the defendant’s first statement into evidence at trial.

Second, the district court did not err when it refused to instruct the jury on aiding an offender, Minn. Stat. § 609.495 (2008), because aiding an offender was not a theory of defense under the facts and circumstances of this case.

 Third, there was sufficient evidence to convict the defendant of first-degree premeditated murder.

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

               Took no part:  Stras

               [MURDER]