Kite v. State

The Supreme Court affirmed Defendant’s conviction for aggravated assault and other misdemeanor offenses, holding that the district court did not err in instructing the jury and that the evidence was sufficient to support the conviction.Defendant’s convictions stemmed from an incident in which he led law enforcement on a high-speed chase, crossed the median of I-25, and drove against oncoming traffic. The Supreme Court affirmed and conviction but remanded for entry of judgment corrected to properly reflect the offense on which Defendant was convicted, holding that the district court (1) deviated from the jury verdict both in its oral ruling on sentencing and in its written judgment and sentence; (2) did not err in instructing the jury regarding the crime of attempted battery; and (3) did not err in denying Defendant’s motion for a judgment of acquittal because the jury’s verdict finding Defendant guilty of aggravated assault and battery was supported by sufficient evidence. View "Kite v. State" on Justia Law