State v. Huber

SANDSTROM, Justice.

A jury convicted Benjamin Huber of driving under the influence of alcohol (DUI), a class B misdemeanor. On appeal, Huber claims the district court erred in allowing the State to amend the jury instructions to include “actual physical control” (APC). We reverse and remand for a new trial because the instructions permitted the jury to convict of DUI even if it found the defendant had only committed the lesser included offense of APC.

I

On the evening of August 4, 1995, a Mercer County Deputy Sheriff responded to a dispatcher call reporting a “suspicious” vehicle on County Road…