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STATE OF MINNESOTA IN SUPREME COURT A09-1613 Hennepin County Anderson, G. Barry, J. Dissenting, Anderson, Paul H., J. Took no part, Stras, J.

State of Minnesota, Respondent, vs. Edgar Rene Barrientos-Quintana, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota, and; Michael O. Freeman, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, Minnesota, for respondent. David W. Merchant, Chief Appellate Public Defender, Jessica Merz Godes, Assistant State Public Defender, St. Paul, Minnesota, for appellant. ________________________ SYLLABUS 1. The district court erred when it failed to instruct the jury that it could not Filed: September 9, 2010 Office of Appellate Courts

convict the defendant based on the uncorroborated testimony of an accomplice, but that error did not affect the defendant`s substantial rights. 2. The district court erred by entering conviction and sentence on alternative

counts for the same criminal act involving the same victim. Affirmed in part, vacated in part, and remanded. 1

OPINION ANDERSON, G. Barry, Justice. A jury found Edgar Rene Barrientos-Quintana guilty of four counts of first-degree murder and four counts of attempted first-degree murder for an October 11, 2008, driveby shooting in which one young man died and another was injured. The district court records reflect that on each of the first-degree-murder counts, the court sentenced Barrientos-Quintana to life in prison without the possibility of parole. The district court records also reflect that on each of the attempted first-degree murder counts, the court imposed 192-month sentences. Barrientos-Quintana now appeals his convictions,

arguing that the district court plainly erred by failing to give a jury instruction regarding accomplice testimony. Barrientos-Quintana also argues that the district court erred by entering convictions and imposing sentences on all eight counts. We affirm in part, vacate in part, and remand. Barrientos-Quintana was indicted on four counts of first-degree murder for the death of 18-year-old Jesse Mickelson: premeditated murder for the benefit of a gang under Minn. Stat.

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