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STATE v. CAROTHERS

No. C8-98-86.

594 N.W.2d 897 (1999)

STATE of Minnesota, Respondent, v. Tony Lamar CAROTHERS, petitioner, Appellant.

Supreme Court of Minnesota.

June 17, 1999.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender, Mark F. Anderson, Assistant State Public Defender, Minneapolis, for appellant.

Michael A. Hatch, Minnesota Attorney General, St. Paul, James Backstrom, Dakota County Attorney, Debra E. Schmidt, Assistant Dakota County Attorney, Hastings, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

Appellant Tony Lamar Carothers was convicted of second-degree felony murder in violation of Minn.Stat. § 609.19, subd. 2(1) (1998), and sentenced to 165 months' confinement. He argues that the trial court erred in instructing the jury that he had a duty to retreat before using deadly force to prevent the commission of a felony in his dwelling. We hold that the duty to retreat does not attach to defense of dwelling...

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