State v. Briggs

Defendant was charged in district court with four counts of attempted first-degree murder, Minn. St. 609.17 and 609.185. The trial court also submitted attempted second-degree murder and aggravated assault, but refused a defense request that he submit simple assault. The jury found defendant guilty of three counts of aggravated assault, Minn. St. 609.225, and the trial court sentenced defendant to three consecutive 1-to 3-year terms in prison. On his appeal from judgment of conviction, defendant contends that (1) simple assault is a necessarily included offense of attempted first-degree…