State v. PfannenstielAnnotate this Case
After a jury trial, Defendant was found guilty of aggravated sexual battery. The district court sentenced Defendant to thirty-four months’ imprisonment. Defendant appealed, arguing that the district court erred by not instructing the jury on the lesser included offense of sexual battery and that the court erred in failing to appoint new, conflict-free counsel at a hearing on his pro se motion to dismiss counsel. The Supreme Court affirmed Defendant’s conviction, holding (1) Defendant failed to establish that the jury would have reached a different conclusion had the lesser included offense instruction regarding sexual battery been given; and (2) Defendant failed to establish that he was entitled to new counsel.