State v. Hartson

Citations

• 2024 ND 78

Syllabus

Changing the culpability level of the crime charged is not a modification of a statute. Under N.D.C.C. § 12.1-02-02(4), a lesser degree of culpability is satisfied if the proven degree of culpability is higher. The district court's failure to submit statutory definition of that term was not obvious error affecting defendant's substantial rights. It is not clearly established law in North Dakota that, where the State alleges multiple predicate felonies in a felony murder prosecution under N.D.C.C. § 12.1-16-01(1)(c), the district court must include an instruction that the jury must unanimously agree on the predicate felony to convict the defendant of murder. Not including separate verdict forms for each predicate felony was not obvious error. There was sufficient evidence to convict the defendant of murder.