State v. Clay

The opinion of the court was delivered by

Moritz, J.:

Aaron K. Clay appeals his jury convictions of felony murder, attempted aggravated robbery, and criminal possession of a firearm. Clay contends the trial court twice erred in instructing the jury, twice erred by responding in writing to jury questions, and erred by permitting the jury to learn he was in custody and had been in prison. Clay also raises three sentencing errors.

We find no trial errors justifying reversal of Clay's convictions. But because the district court improperly sentenced Clay to 25 years to life instead of 20 years to…