State v. Hayes
Annotate this CaseA jury found Defendant guilty of first-degree felony murder while committing a drive-by shooting and second-degree intentional murder. The district court convicted Defendant of first-degree felony murder and sentenced him to life imprisonment with the possibility of release. The Supreme Court reversed Defendant's conviction of first-degree felony murder while committing a drive-by shooting, holding (1) the State did not present sufficient evidence to support Defendant's conviction because Defendant's conduct in this case did not meet the definition of a drive-by shooting; and (2) the district court did not err when it admitted testimony at trial that a witness was threatened and attacked for being a "snitch." Remanded with instructions to enter a judgment of conviction on the second-degree intentional murder count.
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