State v. Rogers

¶1 Donald Rogers (Rogers) appeals from the order of the Fourth Judicial District Court denying post-conviction relief. The District Court found that Rogers’s claims of defense counsel’s error in failing to request a “failure to agree” jury instruction and failing to preserve Rogers’s right to appeal lacked merit and, therefore, any error was harmless. The court granted Rogers’s double jeopardy claim and reversed the ten-year sentence enhancement for use of a weapon. We reverse.

¶2 The following issues are raised on appeal:

I. Did the District Court err when it found that the failure to request…