State v. Hersi
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
LARKIN, Judge.
Appellant challenges his conviction for gross misdemeanor interference with an emergency call, arguing that the jury instructions improperly omitted a necessary element of the offense and that the evidence was insufficient to sustain his conviction. We hold that the evidence presented at trial was sufficient to sustain appellant’s conviction. But because the jury instructions improperly omitted a necessary element of the offense and the omission affected appellant’s substantial rights, we reverse and remand for a new trial.
FACTS
The state charged appellant Abdiwali Hersi…
2Cases cited16 opinions
- Johnson v. United StatesSupreme Court of the United States · 1997
- State v. GrillerSupreme Court of Minnesota · 1998
- State v. WebbSupreme Court of Minnesota · 1989
- State v. MooreSupreme Court of Minnesota · 1989
- Bernhardt v. StateSupreme Court of Minnesota · 2004
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3Cited by3 opinions
- State v. MonterminiCourt of Appeals of Minnesota · 2012
- State v. McCauleyCourt of Appeals of Minnesota · 2012
- State v. BrandesCourt of Appeals of Minnesota · 2010