2011-M-178             State of Minnesota, Respondent, vs. Andy William Prtine, Appellant.

Appellant Andy William Prtine was convicted of first-degree felony murder for the stabbing death of Brent Ward.  In this direct appeal, Prtine argues, in part, that he was denied effective assistance of counsel because his attorney conceded in his closing argument without Prtine’s consent that Prtine intended to kill Ward.

We held that Prtine’s counsel conceded guilt with respect to the element of intent to kill during closing argument.  Id. at 318.  We retained jurisdiction over the appeal and remanded to the district court to determine whether Prtine acquiesced in his trial counsel’s concession of intent to kill. 

After holding an evidentiary hearing, the district court ruled that Prtine acquiesced in his trial counsel’s concession that the killing was intentional. 

Now that the remand proceedings are complete, we must determine whether the record shows that Prtine acquiesced in his trial counsel’s decision to concede that the killing was intentional.  We affirm Prtine’s conviction.

HELD:  Appellant acquiesced in his trial counsel’s concession of guilt with respect to

intent to kill.

                                                     

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

               Took no part:  Stras

[MURDER]