State v. Austin

¶ 1. Langston C. Austin appeals from a judgment of conviction, entered upon a jury's verdicts, on two counts of second-degree recklessly endangering safety. Austin also appeals from an order denying his motion for postconviction relief. We agree with Austin's fundamental argument that the jury was not properly instructed and, in the interests of justice, we reverse and remand the matter for a new trial.

BACKGROUND

¶ 2. On March 17, 2009, two groups of five to six people each had a physical confrontation on Hampton Avenue. The confrontation ended when Austin stabbed two of the other group's…