Redeford v. State

OPINION

By the Court,

Gunderson, J.:

Earl Lenon Redeford appeals from a conviction by jury for attempted burglary contending: (1) the district court erred in giving a coercive jury instruction; (2) a statutory presumption created by the legislature for burglary prosecutions is unconstitutional; and (3) the district court erred by admitting evidence of a prior felony conviction. Appellant’s initial contention has merit, and we must reverse.

1. At the close of evidence the trial court read a standard jury instruction which discussed the deliberation process. 1 The jury then retired, deliberated…