State v. Barrie

This case presents the question of whether a trial court, sitting as trier of fact, may, sua sponte, convict a defendant of a lesser-included offense after first acquitting the defendant of the greater charge where (1) neither party had requested that the lesser-included offense be considered; (2) the prosecutor had expressly eschewed pursuit of the lesser-included offense; and (3) the record demonstrates that defendant had no actual notice of the court’s consideration of the lesser-included offense before the court rendered its oral verdict. We hold that, under those specific circumstances,…