State v. Flack

Defendant appeals his convictions for attempted murder, assault in the first degree, ex-convict in possession of a firearm and unauthorized use of a vehicle. He contends that the trial court erred in instructing the jury that there is a disputable presumption that an unlawful act was done with an unlawful intent and in sentencing him as a dangerous offender. He also appeals the sentence imposed on his conviction after a plea of guilty to a charge of assault in the third degree, contending that the sentence is excessive.

Defendant was involved in a fight in a cafe. He produced a gun and fired…