Lesser Included Offenses

Lesser Included Offenses

A11-240          State of Minnesota, Respondent, vs. Brandon Dominic Cox, Appellant.
Hennepin County.
The district court did not abuse its discretion when it declined to give an accomplice liability instruction to the jury because the defendant failed to present sufficient evidence that the alleged accomplice could have been indicted and convicted of the same crime as the defendant.
The district court did not abuse its discretion when, after receiving a note from the jury indicating that it may become deadlocked, the court instructed the jury to continue deliberation because the jury was not currently deadlocked and the court did not coerce the jury to reach a unanimous verdict.
The district court erred when it convicted the defendant of both first-degree felony murder and second-degree intentional murder because under Minn. Stat. § 609.04, subd. 1 (2010), second-degree intentional murder is a lesser-included offense of first-degree felony murder and a defendant cannot be convicted of both offenses.
Affirmed in part, reversed in part, and vacated in part.  Justice Paul H. Anderson.

By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533

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