State v. ShegrudAnnotate this Case
The State charged Defendant with felony criminal endangerment and felony DUI. The jury was unable to reach a unanimous verdict on the charges, and a mistrial was declared. At the second trial, defense counsel offered a jury instruction on negligent endangerment as a lesser included offense of criminal endangerment, but the court declined to give the instruction. The jury subsequently found Defendant guilty of criminal endangerment. The Supreme Court reversed, holding that the district court abused its discretion when it failed to give Defendant’s proposed jury instruction of negligent endangerment as a lesser included offense of criminal endangerment, and Defendant was prejudiced by this error.