State v. Denny
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The Supreme Court affirmed the judgment of the district court convicting Defendant of felony theft by possession of stolen property and four misdemeanor, holding that Defendant was not entitled to relief on any of his claims of error.
Specifically, the Supreme Court held (1) the district court acted within its discretion in denying Defendant's motions for mistrial after two separate references to Defendant's "jail" status were made by State witnesses; (2) the district court did not err in declining to give a jury instruction on unauthorized use of a motor vehicle as a lesser-included offense of the charged theft by possession of stolen property; and (3) Defendant's ineffective assistance of counsel claims would more appropriately be addressed through a petition for postconviction relief.
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