State v. Robinson

Leben, J.:

*465 Roy Robinson appeals his conviction for aggravated burglary, contending that the case against him should have been dismissed for selective prosecution. Robinson contends that the State unfairly targeted him because it didn't proceed with a burglary charge against a second man who had been with him. Robinson also contends that the district court didn't give the jury a full chance to consider his selective-prosecution defense.

But the selective-prosecution defense isn't one for the jury to decide, anyway: It has nothing to do with whether a defendant is guilty, which is what the jury…