State v. Montes

The defendant appeals conviction, following a jury trial, for second-degree burglary. He contends the district court abused its discretion by refusing to grant him a mistrial on the ground the jury was hung. He also challenges the sufficiency of the evidence to prove intent to commit a theft. Finally, he contends the sentencing court did not state adequate reasons for choosing a sentence of incarceration rather than probation. We affirm.

The trial court responded to jury notes indicating disagreement as to the meaning and application of the jury instructions by telling the jury to re-examine…