State v. Jackson

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After a jury trial, Defendant was found guilty of robbery in the first degree and armed criminal action. On appeal, Defendant argued that the trial court erred in refusing his request to instruct the jury on the lesser included crime of second-degree robbery. The trial court reasoned that a lesser included offense instruction was not required because there was no basis in the evidence for a reasonable juror to determine that the victim did not reasonably believe that Defendant was holding a gun to her back during the robbery. The Supreme Court vacated Defendant’s judgment of conviction as to both counts, holding (1) a trial court cannot refuse a defendant’s request for a “nested” lesser offense instruction based solely on its view of what evidence a reasonable juror must believe or what inferences a reasonable juror must draw, as the jury’s right to disbelieve the evidence and its right to refuse to draw needed inferences is a sufficient basis for a jury to conclude that the state has failed to prove the differential element; and (2) in this case, there was a basis in the evidence for the jury to find that the victim did not reasonably believe Defendant held a gun on her. Remanded. View "State v. Jackson" on Justia Law