State v. Clow , 1999 Minn. App. LEXIS 905 ( 1999 )

SHORT, Judge

(dissenting).

I respectfully dissent and would affirm the conviction. Clow failed to raise the issue of whether he was held on a “charge” before, during, or after the trial. See Roby v. State, 547 N.W.2d 354, 357 (Minn.1996) (stating appellate court will not decide issues, including constitutional questions of criminal procedure, unless issues raised before trial court); see also Minn. R.Crim. P. 11.03 (allowing court to hear and determine all motions made by defendant), 17.06, subd. 2 (requiring all objections to indictment or complaint to be made by motion), 26.03, subd. 17 (explaining procedures for motion for judgment of acquittal). Under these circumstances, the issue of whether Clow was charged with a crime before he escaped from custody is not properly before us. See, e.g., State v. Sorenson, 441 N.W.2d 455, 457 (Minn.1989) (declining to consider argument because question of its applicability was neither adequately briefed nor litigated); State v. Kelley, 295 N.W.2d 521, 522 (Minn.1980) (declining to address two issues raised by defendant because defense counsel did not object or otherwise raise issues at trial level).