State v. Wright

¶1

Becker, J.

— The State seeks to retry, on the charge of second degree intentional murder, a defendant whose felony murder conviction was vacated under In re Personal *477Restraint of Andress1 because it was for a then nonexistent crime. The charge of intentional murder was left undecided in the first trial because neither the State nor the defendant asked to have it submitted in the instructions to the jury. Because the defendant has not been acquitted of the murder, and he has obtained a reversal of his first conviction for a reason other than insufficient evidence, he remains in the same…