State v. Patterson

I must respectfully dissent, for, in arriving at its resolution of Patterson’s appeal, the majority indulges an underdeveloped analysis, thereby reaching a legally incorrect conclusion.

It is to be remembered that the information which charged Patterson with one count of first degree murder, in violation of Neb. Rev. Stat. § 28-303(1) (Reissue 1985), was never thereafter amended to reflect additional charges. The majority correctly observes that Patterson was convicted under a so-called step instruction requested by his trial counsel, which instruction included the “option” of a finding of…