State v. Daniels

The Supreme Court reversed the district court’s judgment convicting Defendant of felony aggravated burglary and misdemeanor criminal mischief, holding that the district court abused its discretion when it refused to instruct the jury on the offense of misdemeanor assault as a lesser-included offense of aggravated burglary. The district court refused to give Defendant’s proffered instruction on the grounds that it misstated the law and that the State had agreed to drop a misdemeanor assault charge. The Supreme Court reversed, holding (1) Defendant properly preserved his argument for appeal that the district court erred in failing to give his proposed instruction; and (2) the evidence at trial did support Defendant’s proposal for the lesser-included offense instruction. View "State v. Daniels" on Justia Law