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MacDonald v. State2/2/2000
As explained above, MacDonald asked the trial judge to instruct the jury on a different lesser offense: unlawful evasion. MacDonald never asked Judge Savell to instruct the jury on fourth-degree escape, nor did he present his current arguments concerning the definition and elements of second-degree escape. Specifically, MacDonald never argued at trial that second-degree escape required proof of an additional culpable mental state (the purported element that MacDonald had to be aware that he was being arrested for a felony). Because MacDonald did not raise this contention in the trial court, he did not preserve this contention for appellate review.
Conclusion
The judgment of the superior court is AFFIRMED.
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