1. The evidence of premeditation was sufficient to support a conviction for first-degree premeditated murder.
2. The district court's use of the pattern jury instruction on premeditation was not plain error because the instruction accurately stated the law.
3. The district court's failure to sua sponte instruct the jury on the lesser-included offense of second-degree intentional murder was not plain error.
4. Spreigl evidence was properly admitted because the state complied with the Spreigl evidence procedural requirements and the evidence was relevant to the state's case and did not unfairly prejudice the defendant.
The opinion of the court was delivered by: Anderson, G. Barry, Justice.
Heard, considered, and decided by the court en banc.
A jury found appellant Leonard Goodloe guilty of first-degree premeditated murder for the shooting death of Akeen Brown.*fn1 Goodloe appeals his conviction, arguing that (1) the evidence was insufficient to prove the element of premeditation beyond a reasonable doubt; (2) the district court's jury instruction regarding premeditation constituted plain error; and (3) the district court plainly erred when it failed to sua sponte instruct the jury on the lesser-included offense of second-degree intentional murder. Goodloe also presents three additional arguments in a pro se supplemental brief: (1) the district court's admission of Spreigl evidence was error; (2) Goodloe was not promptly brought before the district court after his arrest; and (3) the district court that made the probable cause determination after Goodloe's arrest lacked authority to do so. We affirm.
At approximately 9 p.m. on July 22, 2004, Akeen Brown--the victim--and several other individuals were standing outside the front door of Big Stop Foods, a north Minneapolis grocery store. A vehicle pulled up to the corner of the store, and an individual, later identified by eyewitnesses as Goodloe, left the vehicle. The individual took a gun from under the driver's seat of the vehicle and waved the gun at the group standing in front of Big Stop. Brown ran into Big Stop through the front door and headed toward the back of the store.
A few seconds after Brown ran into Big Stop, the gunman entered the store. Once inside, the gunman paused and said something to the effect of "where he go, where he go" or "where he at, where he at." The gunman then ran to the back of the store, and witnesses heard gunshots coming from the office area at the rear of the store. After the shooting, the gunman ran out of the store, got into his car, and drove off.
Minneapolis police responded to a 911 call indicating that shots had been fired at Big Stop. Upon arrival, police officers found Brown dead from three gunshot wounds to the head in the office at the back of the store. A police officer testified that the office door appeared to have been forced open.*fn2 Police located seven discharged gun cartridge casings in the store, four of which were found in the office. An officer with the police crime lab unit determined that a .357 caliber firearm had been used in the shooting.
On October 11, 2004, a vehicle driven by Goodloe ran a red light and collided with another vehicle at a north Minneapolis intersection. A police officer saw Goodloe attempt to climb out of his vehicle through the passenger window with a gun in his hand. The officer ordered Goodloe to drop the gun and placed him under arrest. During the arrest, the officer observed two guns inside Goodloe's vehicle, one of which was a .357 caliber Coonan semiautomatic. A subsequent search of Goodloe's residence uncovered .357 caliber ammunition in the basement.
Ballistics testing of the Coonan firearm found in Goodloe's vehicle revealed that it was the gun used in the Big Stop shooting. Kristin Reynolds of the Minneapolis police crime lab unit testified that each of the seven cartridge casings found at Big Stop after the shooting had been fired from the Coonan recovered from Goodloe's vehicle. Reynolds further testified that she was able to match a bullet fragment recovered from Brown's head with the Coonan, conclusively establishing that the bullet had been fired from that particular gun.
Upon discovering that the Coonan linked Goodloe to the Big Stop shooting, police composed a photographic lineup that included Goodloe's photograph. From the lineup, two witnesses who had been at Big Stop at the time of the shooting unequivocally identified Goodloe as the gunman. In addition, three ...