State v. Peregrina

BURDICK, Chief Justice.

This case arises out of Diego Morales Peregrinad conviction for two counts of aggravated battery and two firearm enhancements; one for each battery. Peregrina argues that there was insufficient evidence to support the district court’s “implicit” finding that the crimes arose out of divisible courses of conduct, and that even if there was, the State had the burden to submit the issue of divisibility to the jury and prove it beyond a reasonable doubt. We remand to the district court for proceedings consistent with this opinion.

I.FACTUAL AND PROCEDURAL BACKGROUND

In June…