State v. Jorgenson

OPINION

HUSPENI, Judge. *

Appellant Jarrett Jorgenson, in challenging his felony conviction and sentence for terroristic threats, seeks a new trial on the grounds that the district court erroneously instructed the jury. Alternatively, appellant alleges that there was insufficient evidence to sustain his conviction for terroristic threats. Although there was sufficient evidence to sustain appellant’s conviction if the jury instructions had been adequate, the district court committed plain error affecting appellant’s substantial rights in issuing the erroneous jury instruction, thus we reverse…