State v. Valenzuela

OPINION

McGREGOR, Justice

¶ 1 Appellant Terry James Valenzuela was charged with first-degree murder. The jury convicted him of second-degree murder, a class one felony, and aggravated assault, a class three dangerous felony. Although the trial judge had concluded the evidence supported giving an instruction for reckless manslaughter, the judge inadvertently failed to so instruct the jury. Appellant, who had reviewed the proposed instructions, did not object to the omission of a reckless manslaughter instruction. We accepted this mat-fer on petition for review and exercise jurisdiction pursuant…