State v. Olson

Minnesota Supreme Court
State v. Olson, 294 N.W.2d 855 (Minn. 1980)
1980 Minn. LEXIS 1472
Per Curiam

State v. Olson

Opinion

PER CURIAM.

Defendant was found guilty by a district court jury of a charge of aggravated robbery, Minn.Stat. § 609.245 (1978) and was sentenced by the trial court to a prison term of 3 to 20 years. On this appeal from judgment of conviction defendant contends that the evidence identifying him as the robber was legally insufficient and that the prosecutor committed prejudicial misconduct in his closing argument to the jury. There is no merit to the contention that the evidence was legally insufficient. The evidence of defendant’s guilt was overwhelming. We do not decide the issue of the propriety of the allegedly improper statement by the prosecutor in closing argument, because defense counsel did not object to the statement. Instead, he chose to respond to it in his closing argument. Under the circumstances, we conclude that defendant must be deemed to have forfeited his right to have the issue considered by this court on appeal.

Affirmed.

Reference

Full Case Name
STATE of Minnesota, Respondent, v. Daniel Scott OLSON, Appellant
Status
Published