State v. Duke

COYNE, Justice.

Defendant was charged by indictment with first-degree premeditated murder. A district court jury found him guilty of the lesser included offense of second-degree intentional murder. The trial court sentenced defendant to 116 months in prison, which is the presumptive sentence for second-degree murder by a person with a zero criminal history score. On his appeal from judgment of conviction and the order denying his post-trial motion, defendant seeks an outright reversal on the ground that the state failed to prove that the killing was intentional and unjustified. Alternatively,…