P. v. Butler CA5
Shon Montreere Butler was convicted of attempted criminal threat and misdemeanor simple assault. He challenges his conviction for attempted criminal threat on the basis of instructional error by the trial court. Specifically, he contends the trial court failed to instruct the jury on an element of the offense of attempted criminal threat and the error was prejudicial. We agree with Butler and reverse his conviction for attempted criminal threat. We will remand the matter for retrial and/or resentencing. Butler also challenges sentence enhancements that were imposed in connection with his conviction for attempted criminal threat. However, in light of our reversal of the underlying conviction, we need not address these claims.
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