State v. Jensen

OPINION

FOLEY, Judge.

Garry Jensen appeals his conviction of second-degree assault, assault with a dangerous weapon, contending that the trial court erred when it refused his request to instruct the jury on the lesser-included offense of misdemeanor assault, and there were sufficient and compelling reasons to depart downward from the presumptive sentence.

Further, Jensen requests this court to consider whether there was sufficient evidence to require an instruction of self-defense and asserts that the evidence was insufficient to convict him. We reverse and remand for a new trial.

FACTS

Appellant,…