STATE v. VASQUEZ

No. A08-1683.

776 N.W.2d 452 (2009)

STATE of Minnesota, Respondent, v. George A. VASQUEZ, Appellant.

Court of Appeals of Minnesota.

December 22, 2009.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Michael K. Walz, Assistant County Attorney, Minneapolis, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, G. Tony Atwal, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by STAUBER, Presiding Judge; KLAPHAKE, Judge; and WORKE, Judge.


OPINION

WORKE, Judge.

Appellant challenges his conviction of third-degree unintentional controlled-substance murder, arguing that the district court erred by failing to instruct the jury that he could not be convicted based on uncorroborated accomplice testimony. Because we conclude that the involvement of an accomplice required the district court to instruct the jury on the requirement of corroboration of accomplice testimony, we reverse and remand.

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