State of Minnesota v. Sidney Phillip Monette

Syllabus

Following a jury trial, appellant challenges his convictions of aggravated robbery and threats of violence. He contends that the district court abused its discretion by omitting an element of the aggravated-robbery charge from the jury instructions, entitling him to a new trial on that offense. He also asserts that his conviction of threats of violence should be reversed because there was insufficient evidence presented at trial to prove beyond a reasonable doubt that he threatened to commit a future act of assault-fear. Because we conclude that the aggravated-robbery jury instruction was erroneous and that the error was not harmless and because we conclude that there was sufficient evidence presented to support appellant's conviction of threats of violence, we affirm in part, reverse in part, and remand for a new trial on the charge of aggravated robbery.