State v. Lee

GARDEBRING, Justice.

The appellant, Michael Gary Lee, asks this court to reverse his convictions on one count of first-degree murder and two counts of attempted first-degree murder. Appellant claims: (1) that his constitutional rights to due process were violated when the trial court precluded him from asserting a mental illness defense; (2) that the trial court abused its discretion in declining to instruct the jury on third-degree “depraved mind” murder; and (3) that the trial court abused its discretion by imposing consecutive sentences that included an upward departure in one of the…