State v. Lessley
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The Supreme Court affirmed Defendant’s convictions and sentences for first degree murder and first degree assault, affirmed his convictions but vacated his sentences for use of a weapon to commit a felony and possession of a deadly weapon by a prohibited person, holding that the district court committed plain error.
Specifically, the Court held (1) there was sufficient evidence to support Defendant’s convictions; (2) the district court did not err in not instructing the jury on the lesser-included offense of manslaughter; but (3) the district court committed plain error with respect to the convictions for possession by a prohibited person and use of a deadly weapon. The Court remanded this cause to the district court for resentencing.
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