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STATE v. BJERGUM

No. A08-912.

771 N.W.2d 53 (2009)

STATE of Minnesota, Respondent, v. Robert David BJERGUM, Appellant.

Court of Appeals of Minnesota.

August 25, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Kimberly R. Parker, Assistant Attorney General, St. Paul, MN; and Suzanne M. Bublitz, Houston County Attorney, Caledonia, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Roy G. Spurbeck, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by SCHELLHAS, Presiding Judge; ROSS, Judge; and LARKIN, Judge.

OPINION

ROSS, Judge.

This appeal requires us to decide whether a defendant who threatened to bring guns to his former workplace and open fire was entitled to a jury instruction relating to voluntary intoxication when his criminal charge for making a terroristic threat was premised on his recklessness. Robert Bjergum was charged with two counts of terroristic threats; the first count was for making terroristic threats with the intent to terrorize and the...

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