CourtListener 1701327•State v. McKinley
Texte intégral
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
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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.
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