2012-M-197       State of Minnesota, Respondent, vs. Jabaris Curt Boldman, Appellant.

First, pursuant to the State’s concession, the evidence is not sufficient to support appellant’s first-degree felony murder conviction.  Because the State’s concession is reasonably supported in the record, we vacate the conviction.

Second, the evidence presented at trial was sufficient to support a conviction for second-degree intentional murder.  Specifically, the evidence that appellant intended to kill the victim, which was largely circumstantial, was sufficient.

Third, appellant failed to prove prejudice regarding the State’s failure to produce the transcript of a police interview of a defense witness because the State agreed not to use the transcript when the defense objected to the use of the transcript at trial.  Thus, any error was harmless beyond a reasonable doubt.  Vacated and remanded.

Appellant Jabaris Curt Boldman was found guilty by a jury of first-degree felony murder and second-degree intentional murder for the shooting death of Vernon Cafle, which death occurred on January 18, 2009, in St. Paul, Minnesota.  The district court entered judgment of conviction for first-degree felony murder and imposed a life sentence.  On direct appeal, appellant argues that the evidence is not sufficient to support the convictions, that the state violated its discovery obligations, and therefore his convictions should be reversed. 

Because we conclude that the evidence was not sufficient to support the first-degree felony murder conviction but was sufficient to support a second-degree murder conviction, and that the alleged discovery violation was harmless, we vacate appellant’s conviction for first-degree felony murder and remand to the district court to enter a judgment of conviction and impose sentence on the second-degree murder charge.

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

[MURDER]