2011-M-189             State of Minnesota, Respondent, vs. Keonne Alexander Palmer, Appellant.

MAJORITY:  The Stearns County District Court, following a bench trial, found Keonne Alexander Palmer guilty of first-degree premeditated murder, second-degree intentional murder, and possession of a firearm by a prohibited person, in the shooting death of Ernest Moss.  The court sentenced Palmer to life in prison without the possibility of release based on the first-degree premeditated murder conviction. 

On appeal, Palmer argues that the evidence was insufficient to support a conviction of premeditated murder.  In a pro se supplemental brief, Palmer argues that the court should have considered lesser-included manslaughter offenses, that the district court did not properly pronounce Palmer’s sentence, and that Palmer received ineffective assistance of trial counsel.  We affirm.

HELD:  First, there was sufficient evidence to convict appellant of first-degree premeditated murder.

Second, the district court’s failure to sua sponte consider lesser-included manslaughter charges in a bench trial did not affect appellant’s substantial rights and was not reversible error.

Third, the district court did not improperly pronounce appellant’s sentence under Minn. Stat. §  244.101, subd. 1 (2010).

Fourth, appellant, by including no argument or citation to legal authority in his pro

se supplemental brief, waived his claim for ineffective assistance of counsel.

DISSENT:  Justices Meyer, Page and Paul Anderson opined: “I respectfully dissent.  The circumstantial evidence in this case does not lead unerringly to the conclusion that Palmer considered, planned, or prepared for the victim’s death.  I would reverse Palmer’s conviction of first-degree premeditated murder and remand to the district court to vacate Palmer’s life sentence and resentence him for second-degree intentional murder.

Barry Anderson (Gildea, Dietzen and Stras)

               Dissent:  Meyer, Page and Paul Anderson

[MURDER]