State v. Anderson

666 N.W.2d 696 (2003)

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Nature of the Case

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Facts

D arrived at Blake Rogers' residence. D was a felon. D showed them a 12-gauge shotgun, which was missing its rifle stock, and stated that the shotgun had been stolen. Rogers' friend handled the shotgun, and all three noticed that the shotgun was loaded. As the shotgun was returned to D, Rogers was kneeling in front of his stereo system, inserting compact discs. D then pointed the shotgun at Rogers, and it discharged, killing Rogers. D and the friend fled the residence. D was charged with second-degree unintentional felony murder. The district court dismissed the second-degree felony murder charge, ruling that felon in possession of a firearm and possession of a stolen firearm are not proper predicate offenses for second-degree felony murder. P appealed. The court of appeals concluded that possession of a loaded, stockless shotgun pointed at the victim was inherently dangerous. It then held that the district court erred in dismissing the second-degree felony murder charge. The dissent held the majority holding as an unwarranted extension of the felony-murder doctrine to 'status' offenses, and the 'status' offenses of unlawful possession of a firearm and possession of a stolen firearm cannot serve as predicate offenses to felony-murder.' P appealed.