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[Ocelot II]

10. Normal procedure. He's moving for a judgment of acquittal or not to consider aggravating factors.

It's like a directed verdict in a civil case.

Minnesota Rules of Criminal Procedure, 26.01, Subd. 18.Motion for Judgment of Acquittal or Insufficient Evidence for an Aggravated Sentence.

(1) Before Deliberations.

(a) Charged Offense. At the close of evidence for either party, the defendant may move for, or the court on its own may order, a judgment of acquittal on one or more of the charges if the evidence is insufficient to sustain a conviction.

(b) Aggravated Sentence. The defendant may move for, or the court on its own may order, that any aggravating factors be withdrawn from consideration by the jury if the evidence is insufficient to prove them.

(2) Reservation of Decision. If the defendant's motion is made at the close of the prosecution's case, the court must rule on the motion. If the defendant's motion is made at the close of the defendant's case, the court may reserve ruling on the motion, submit the case to the jury, and rule before or after verdict. If the court grants the defendant's motion after a verdict of guilty, the court must make a written finding stating the reason for the order.

https://www.revisor.mn.gov/court_rules/cr/id/26/

Nelson is asking the judge not to consider aggravating factors. Obviously the motion will be denied, but he has to make it to preserve the claim for appeal.