STATE v. FLECK

No. A10-681.

797 N.W.2d 733 (2011)

STATE of Minnesota, Respondent, v. Ronald Gene FLECK, Appellant.

Court of Appeals of Minnesota.

April 26, 2011.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Kelly O'Neill Moller , Assistant Attorney General, St. Paul, MN, Christopher Karpan , Douglas County Attorney, Alexandria, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Jodie L. Carlson , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by SHUMAKER, Presiding Judge; HALBROOKS, Judge; and SCHELLHAS, Judge.


OPINION

HALBROOKS, Judge.

Appellant challenges his conviction of second-degree assault, arguing that the district court erred by failing to instruct the jury on the defense of voluntary intoxication. Because we conclude that the district court erred by not giving this instruction, we reverse and remand for a new trial.

FACTS

At approximately 1:00 a.m. on January 23, 2009, K.W. returned to the home that she shared with appellant Ronald G...

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