This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
IN COURT OF APPEALS
Larry James Walker,
Filed April 18, 2006
Hennepin County District Court
File No. 04056248
Mike Hatch, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101; and
Amy Klobuchar, Hennepin County Attorney, David C. Brown, Assistant County Attorney, C-2000 Government Center, Minneapolis, MN 55487 (for respondent)
John M. Stuart, State Public Defender, Davi E. Axelson, Assistant
Considered and decided by Worke, Presiding Judge; Wright, Judge; and Dietzen, Judge.
U N P U B L I S H E D O P I N I O N
On appeal from a conviction of felon in possession of a firearm and second-degree assault, appellant Larry James Walker argues that the district court abused its discretion in denying his motion for a mistrial after a police officer offered a prejudicial hearsay statement concerning the disposal of the gun. We affirm.
D E C I S I O N
argues that the district court violated his right to a fair trial by denying
his motion for a mistrial. When
reviewing a denial of a motion for a mistrial, this court applies an
abuse-of-discretion standard. State v. Long, 562 N.W.2d 292, 296 (
Appellant is not entitled to relief. First, there was no prosecutorial misconduct. While prosecutors should be aware of the testimony their witnesses intend to present, there is no evidence that the prosecutor here knew that the statements which the officer testified to had been made. Second, the officer’s testimony did not prejudice appellant. After an objection was made, the evidence was suppressed, and the jury was directed to disregard the testimony. Third, a continuance was not requested by appellant’s trial counsel. Rather, appellant chose to move forward with a curative instruction from the district court. Finally, two other witnesses who were at the scene also testified that appellant had a gun. Based on these reasons, the district court did not abuse its discretion in denying appellant’s motion for a mistrial.