State v. Freiburg

The Supreme Court reversed Defendant’s conviction for criminal child endangerment by driving under the influence (DUI), holding that the district court erred by refusing to give lesser-included offense instructions for DUI and DUI per se.While setting jury instructions, Defendant requested instructions on DUI and DUI per se as lesser-included offenses of the child endangerment charges. The district court declined to give the lesser-included offense instructions on the ground that because Defendant challenged the underlying DUI, his defense would result in an acquittal on both the greater and included charges. The Supreme Court reversed, holding that there was some basis from which a jury could rationally conclude that Defendant was guilty of the lesser, but not the greater offense, and therefore, Defendant was entitled to lesser-included instructions. View "State v. Freiburg" on Justia Law