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STATE v. DAVIS

No. C7-02-215.

656 N.W.2d 900 (2003)

STATE of Minnesota, Respondent, v. Cynthia Lue DAVIS, Appellant.

Court of Appeals of Minnesota.

February 25, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mitchell L. Rothman, Assistant County Attorney, St. Paul, MN, for respondent.

John M. Stuart, Minnesota Public Defender, Theodora Gaïtas, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge, ANDERSON, Judge, and STONEBURNER, Judge.

OPINION

STONEBURNER, Judge.

Appellant Cynthia Lue Davis challenges her conviction of arson in the first degree, arguing that the district court erred by refusing to instruct the jury on fourth-degree arson as a lesser-included offense and that the evidence was insufficient to support a conviction of first-degree arson. Because the district court abused its discretion by failing to instruct the jury on fourth-degree arson, we reverse.

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