STATE v. HELLER

No. A10-325.

State of Minnesota, Respondent, v. Eric Thomas Heller, Appellant.

Court of Appeals of Minnesota.

Filed December 21, 2010.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Michael Junge , McLeod County Attorney, Glencoe, Minnesota (for respondent).

David W. Merchant , Chief Appellate Public Defender, Sharon E. Jacks , Assistant Public Defender, St. Paul, Minnesota (for appellant).

Considered and decided by Johnson, Chief Judge; Klaphake, Judge; and Harten, Judge.


UNPUBLISHED OPINION

HARTEN, Judge.*

Appellant challenges his conviction of first-degree burglary (assault) on the ground that the jury was improperly instructed on the elements of his offense. Because the unobjected-to jury instruction meets none of the elements of the plain error test, we affirm.

FACTS

On the night of 17 April 2009, A.L. drove her former boyfriend, D.L., and appellant Eric Heller to a bar,...

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