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STATE v. KYCIA

No. C3-02-1457.

665 N.W.2d 539 (2003)

STATE of Minnesota, Respondent, v. Paul Anthony KYCIA, Appellant.

Court of Appeals of Minnesota.

July 15, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, David Woodward, Assistant Attorney General, St. Paul, MN; and

Brett Corson, Fillmore County Attorney, Preston, MN, for respondent.

James E. Ostgard, Minneapolis, MN, for appellant.

Considered and decided by ANDERSON, Presiding Judge, PETERSON, Judge, and HALBROOKS, Judge.

OPINION

G. BARRY ANDERSON, Judge.

Appellant was convicted of reckless discharge of a firearm and now challenges that conviction. Appellant argues that the district court abused its discretion when instructing the jury and that the prosecutor's comments during closing arguments constituted prejudicial misconduct. We reverse and remand.

FACTS

This appeal arises out of a hunting accident. Both appellant Paul Anthony Kycia and Pat Thomas, the...

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