Legal Opinion

State v. Guerra

Court of Appeals of Minnesota

Decided April 8, 1997No. C3-96-1450PublishedCited by 6 opinions

1Opinion of the Court

OPINION

LANSING, Judge.

A jury found Javier Guerra guilty of possession of stolen firearms but acquitted him of two counts of possession of a short-bar-relled shotgun. Guerra appeals his conviction, arguing that the complaint charged only possession of three shotgun and that a mid-trial reinterpretation of the complaint imper-missibly amended the charge by allowing the state to prosecute possession of seven handguns from an incident a month earlier. We agree that the recast complaint charged a different offense and also prejudiced Guerra’s substantial rights.

FACTS

Javier Guerra was charged with…

2Cases cited6 opinions

  1. State v. AlexanderSupreme Court of Minnesota · 1980
  2. Gerdes v. StateSupreme Court of Minnesota · 1982
  3. State v. BluhmSupreme Court of Minnesota · 1990
  4. State v. SmithSupreme Court of Minnesota · 1981
  5. State v. ManleyCourt of Appeals of Minnesota · 1984

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3Cited by6 opinions

  1. State v. BakdashCourt of Appeals of Minnesota · 2013
  2. State v. Michael RondeauSupreme Court of Vermont · 2016
  3. State v. BarthmanCourt of Appeals of Minnesota · 2018
  4. State v. WeltzinCourt of Appeals of Minnesota · 2000
  5. State of Iowa v. James Paul VandermarkSupreme Court of Iowa · 2021

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