State v. Sater

OPINION

DAVIES, Judge.

The trial court certified the following question: Does Minn.Stat. §§ 609.035 or 609.04 bar retrial when a jury reaches a verdict of not guilty of first-degree murder, but cannot reach a verdict on three other charged offenses that arose from the same behavioral incident? We answer this certified question in the negative.

FACTS

Defendant Kellie Ruth Sater was tried for (1) first-degree murder, (2) second-degree intentional murder, (3) second-degree felony murder, and (4) second-degree felony murder for the benefit of a gang. All four charges arose from a single behavioral…