State v. Zimmer , 478 N.W.2d 764 ( 1992 )

SHORT, Judge

(dissenting).

I concur in the majority’s decision insofar as it affirms Zimmer’s conviction and sentence. I respectfully dissent as to the reversal of the April 4, 1990 trespass conviction. First, Zimmer failed to raise this issue at trial, so it is not properly before us. See State v. Kelley, 295 N.W.2d 521, 522 (Minn.1980). Second, viewing the evidence in the light most favorable to the verdict, the jury may have found that Zim-mer refused to depart the premises on April 4 upon the demand of the lawful possessor. Under these circumstances, I would affirm the trial court.