State v. McKay

Irwin, Judge.

I. INTRODUCTION

Rashad A. McKay appeals his conviction on a charge of assault by a confined person. On appeal, McKay challenges the district court’s allowing the State to reopen its case after resting and the court’s refusal to give the jury a lesser-included offense instruction on third degree assault. We find no abuse of discretion by the court in allowing the State to reopen its case, and we conclude that a lesser-included offense instruction was not warranted, because there was no rational basis for the jury to acquit McKay of the greater offense and convict him of the lesser…