State v. Wiggins

Defendant appeals a judgment of conviction for, among other things, first-degree criminal mischief, arguing that the charge never should have been submitted to the jury after the prosecutor conceded the insufficiency of the state’s proof. We agree with defendant and reverse and remand for entry of judgment on the lesser-included offense of second-degree criminal mischief.

Defendant was charged with multiple offenses, including two counts of first-degree criminal mischief, after an incident in which defendant and his girlfriend stole a truck. The counts of criminal mischief were based on damage…