C3-88-1077 Precedential Denied Processed

State v. McKinley

Minnesota Court of Appeals · Filed June 21, 1988 · 424 N.W.2d 586

Cited by

State of Minnesota v. Airizes Samuel Miller Minn. Ct. App. 2026
State v. Johnson 447 N.W.2d 605 Minn. Ct. App. 1989
State v. Wittenberg 441 N.W.2d 519 Minn. Ct. App. 1989

Opinion text

SPECIAL TERM OPINION WOZNIAK, Chief Judge FACTS Appellant McKinley was found guilty by a jury of receiving and concealing stolen property. He has filed a notice of appeal and a motion for release pending appeal. DECISION A motion for release pending appeal must first be presented to the trial court. Minn.R.Crim.P. 28.02, subd. 7(3). McKinley’s motion does not show he has made a motion for release in the trial court. The trial court is in a far better position than an appellate court to determine whether a defendant is a risk to fail to appear *587 following the conclusion of the appeal, or to commit a serious crime, intimidate witnesses or otherwise interfere with the administration of justice if released pending appeal. Minn.R.Crim.P. 28.02, subd. 7(2). McKinley’s motion addresses only in con-clusory fashion the factors in Rule 28.02, subd. 7(2) governing release pending appeal. Such a motion is entitled only to the most summary consideration. Motion for release pending appeal denied.