State of Minnesota v. Dylan Micheal Kelley

OPINION

DIETZEN, Justice.

Appellant Dylan Micheál Kelley was found guilty by a Benton County jury and convicted as an accomplice to first-degree aggravated robbery and third-degree assault.1 Kelley appealed his first-degree aggravated robbery conviction to the court of appeals, requesting a new trial based on an unobjected-to jury instruction on accomplice liability. He claimed the court of appeals could grant the requested relief under Minn. R.Crim. P. 31.02 because the jury instruction plainly violated the newly announced rule in State v. Milton, 821 N.W.2d 789 (Minn.2012).2 The court of…