2011-M-173             State of Minnesota, Respondent, vs. Gary Vue, Appellant.

A Hennepin County grand jury indicted appellant Gary Vue with several felonies, including the offense of crime committed for the benefit of a gang (first-degree murder while committing drive-by shooting).  A jury found Vue guilty.  The district court convicted Vue and imposed a sentence of life in prison with the possibility of parole after 31 years.  Vue directly appeals his conviction, claiming the district court erroneously admitted his statement to the police, the prosecutor committed plain error during closing argument, and the State presented insufficient evidence to support his conviction for crime committed for the benefit of a gang.  We affirm. 

HELD: First, appellant was not in custody for purposes of Miranda when he made his statement to police. 

Second, the prosecutor did not commit plain error during closing argument.

Third, the evidence was sufficient to support appellant’s conviction of crime committed for the benefit of a gang

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

[MURDER]