State v. McKinley

424 N.W.2d 586, 1988 Minn. App. LEXIS 565, 1988 WL 61165

Opinion

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 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.