Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Donald Duane Kreller,
Filed June 23, 1998
Benton County District Court
File No. K7-96-1179
Michael Jesse, Benton County Attorney, Courthouse, 531 Dewey St., Foley, MN 56329 (for respondent)
John M. Stuart, State Public Defender, Dwayne Bryan, Assistant State Public Defender, 2829 University Ave. S.E., Ste. 600, Minneapolis, MN 55414-3230 (for appellant)
Considered and decided by Lansing, Presiding Judge, Klaphake, Judge, and Schultz, Judge*.
*Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI, § 10.
U N P U B L I S H E D O P I N I O N
Appellant Donald Duane Kreller appeals from his conviction of aiding and abetting first-degree burglary under Minn. Stat. § 609.582, subd. 1(b) (1996), claiming insufficiency of the evidence on possession of a weapon as an element of first-degree burglary. We affirm because the evidence is sufficient to support appellant's conviction.
D E C I S I O N
On December 9, 1996, appellant was arrested in the vicinity of a Sauk Rapids house that had just been burglarized, and property from the house was found on appellant's person. At trial, the state presented strong circumstantial evidence and the testimony of an accomplice to prove its case.
Appellant claims that the state failed to prove that he possessed a dangerous weapon "when entering or at any time while in the building." Minn. Stat. § 609.587, subd. 1(b) (1996). Appellant was convicted of aiding and abetting in the burglary. Therefore, the conviction could be based on possession of the weapon by either appellant or his accomplice. See Minn. Stat. § 609.05, subd. 1 (1996) (defining crime of aiding and abetting). According to the evidence, guns from the burglarized home were found outside, leaning against the home, and a knife was found on the accomplice's person during his arrest near the home soon after the burglary. Viewed in the light most favorable to the verdict, we conclude that the evidence is sufficient to prove the element of possession of a weapon for first-degree burglary. See State v. Wallace, 558 N.W.2d 469, 472 (Minn. 1997) (appellate court reviewing sufficiency of evidence claim must determine whether jury "could reasonably conclude that the defendant was guilty based on the facts in the record and any legitimate inferences therefrom"); State v. Filippi, 335 N.W.2d 739, 742 (Minn. 1983) (defendant criminally liable for assault committed during burglary when, unbeknown to defendant, accomplice had gun).
Pro Se Issues
In his pro se brief, appellant raises constitutional and ineffective representation of counsel issues. As these issues were not raised below, this court declines to hear them on appeal. See Thiele v. Stich, 425 N.W.2d 580, 582-83 (Minn. 1988).