State v. Fleck

OPINION

HALBROOKS, Judge.

Appellant challenges his conviction of second-degree assault, arguing that the district court erred by failing to instruct the jury on the defense of voluntary intoxication. Because we conclude that the district court erred by not giving this instruction, we reverse and remand for a new trial.

FACTS

At approximately 1:00 a.m. on January 23, 2009, K.W. returned to the home that she shared with appellant Ronald G. Fleck and found appellant in the kitchen, drinking. According to K.W., appellant had been drinking for “seven days straight.” K.W. went into the bathroom but…