State v. Lory

OPINION

CRIPPEN, Judge.

Richard Allen Lory appeals his judgment of conviction for second-degree felony murder, arguing that the trial court erred by instructing the jury on felony murder because felony murder is not an “included offense” of second-degree intentional murder, the charge stated in the indictment of appellant. In addition, appellant claims that (1) his conviction violates the double jeopardy provisions of the United States and Minnesota constitutions; (2) prosecutorial misconduct requires vacating his sentence; and (3) he was denied his constitutional right to present a complete…