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STATE OF MINNESOTA IN SUPREME COURT A07-2160 Hennepin County Magnuson, C.J.

State of Minnesota, Respondent, vs. Jonard Brandon McDaniel, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, Minnesota, for respondent. Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, Minnesota, for appellant. ________________________ SYLLABUS 1. The district court did not abuse its discretion in admitting evidence of flight Filed: January 21, 2010 Office of Appellate Courts

to show consciousness of guilt. 2. The district court did not abuse its discretion in admitting limited gang

evidence and gang expert testimony.

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The prosecutor did not commit reversible error during opening statement,

closing argument, or questioning of witnesses. 4. The punishment of life in prison without the possibility of release for aiding

and abetting first-degree premeditated murder was not cruel or unusual punishment in violation of the Minnesota Constitution. Affirmed. OPINION MAGNUSON, Chief Justice. Appellant Jonard Brandon McDaniel was indicted in Hennepin County District Court for aiding and abetting first-degree premeditated murder, under Minn. Stat.

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