State v. Berkstresser

Summary

The court held that the district court erred by failing to give an unrequested instruction on misdemeanor fleeing and eluding because the instruction was factually appropriate. Nevertheless, the error was not reversible because the defendant failed to firmly convince the court that the jury would have reached a different verdict on the felony charge had the instruction been given. The court reversed the Court of Appeals, affirmed the conviction, and remanded for merger of the alternative felony convictions.