2013-M-256             State of Minnesota, Respondent, vs. Christopher Dineaa Bahtuoh, Appellant.

In a consolidated appeal, appellant Christopher Dineaa Bahtuoh challenges his conviction of first-degree felony murder while committing a drive-by shooting for the benefit of a gang.  In his direct appeal, Bahtuoh argues that the record contains insufficient evidence to support his conviction.  In his post-conviction appeal, Bahtuoh argues that the district court misstated the law when it instructed the jury on accomplice liability, that trial counsel coerced him into not testifying at trial, that he receive inneffective assistance of trial counsel, and that the district court abused its discretion when it denied his motion for a mistrial.  Bahtuoh also argues in a pro se supplemental brief that the jury’s verdicts are legally inconsistent and that the post-conviction court erred when it denied an evidentiary hearing on his claim that the district court violated his right to a public trial.  We affirm.

1. The record contains sufficient evidence to support the appellant’s conviction of first-degree felony murder while committing a drive-by shooting for the benefit of a gang.

2. The district court’s jury instructions on accomplice liability did not constitute reversible error. 

3. The appellant did not prove that his waiver of his right to testify was either unknowing or involuntary. 

4. The decisions by trial counsel to tell the jury during his opening statement that the appellant would testify and later to advise the appellant not to testify did not constitute ineffective assistance of counsel under the facts and circumstances of this case.  

5. The district court did not abuse its discretion when it denied the appellant’s motion for a mistrial.  

6. The post-conviction court did not err when it denied an evidentiary hearing on the appellant’s claim that the district court violated his right to a public trial.  

7. The jury’s verdicts are not legally inconsistent. 

 Affirmed.

Stras (Gildea, Page, Anderson, Dietzen, and Wright)

Took no part   Lillehaug

[MURDER]

A10-1584, A12-1281,