Harkins v. State

OPINION

By the Court,

Becker, J.:

Appellant Jerry Harkins shot Miles Deriso in the early morning of December 1, 2003. Deriso died shortly thereafter. A jury found Harkins guilty of first-degree murder with the use of a firearm. The district court sentenced Harkins to serve two consecutive terms of life imprisonment with the possibility of parole after twenty years has been served in each term.

Harkins raises two primary arguments on appeal. First, he argues that a statement made by Deriso during a 911 telephone call prior to Deriso’s death was testimonial. Therefore, Harkins contends that the…