State v. Fleck

OPINION

MEYER, Justice.

The issue presented is whether under Minn.Stat. § 609.075 (2010), a defendant is entitled to a voluntary intoxication jury instruction, when the State alleges an assault committed by the infliction of bodily harm (assault-harm). The State charged Ronald Gene Fleck with second-degree assault after he stabbed his former girlfriend. Fleck pleaded not guilty and demanded a jury trial. After all the evidence was presented to the jury, the district court submitted two forms of assault to the jurors: (1) assault-fear, Minn.Stat. § 609.02, subd. 10(1) (2010) (prohibiting an act…