State v. Marchi

¶1 Rhonda L. Marchi appeals her convictions for attempted first degree murder and first degree assault of a child. She argues that (1) convictions for both crimes violate her right to be free from double jeopardy and (2) the trial court erred in failing to instruct the jury that it was the State’s burden to disprove her diminished capacity defense beyond a reasonable doubt. We affirm the trial court’s ruling that the State has no burden to disprove her diminished capacity defense, but, under the facts of this case, Marchi’s conviction for first degree assault of a child violates double…