State v. Perry

The opinion of the court was delivered by

LOCKETT, J.:

Defendant was found guilty of one count of first-degree premeditated murder, two counts of attempted first-degree murder, and one count of aggravated batteiy. He claims his convictions for aggravated batteiy and attempted first-degree murder of one victim are multiplicitous and the district court improperly denied his waiver of a jury trial, failed to give lesser included offense instructions, and improperly excluded consideration of mitigating evidence when imposing the hard 40 sentence.

At about 7 a.m. on September 20, 1995, Leroy Periy…