State v. Cordero
Annotate this CaseAfter a jury trial, Defendant was found guilty of first-degree murder and attempt to commit murder. The trial court imposed a sentence of life imprisonment for the murder conviction and a term of twenty-five years for the attempted murder conviction, to be served consecutively. The court of appeals affirmed, holding (1) the evidence was sufficient to support the convictions, there was no abuse of discretion in the imposition of the sentences, and defense counsel provided effective assistance; and (2) the district court erred in refusing to give an instruction describing the affirmative defense of intoxication, but Defendant was not prejudiced by the refusal. The Supreme Court vacated the portion of the court of appeals’ opinion that concluded that the district court erred in failing to submit the intoxication instruction to the jury and otherwise affirmed, holding that the district court did not abuse its discretion in failing to instruct the jury on how to apply the evidence of intoxication in deciding if the State established the specific-intent elements of the crimes.
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