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State v. Johnson5/3/2005
ror when it followed the recommended instruction without objection).
Furthermore, even if the district court erred, it is unlikely the error affected appellant's substantial rights. An error affects substantial rights if it is prejudicial and influences the outcome of the case. Griller, 583 N.W.2d at 741. A defendant must show that there is a reasonable likelihood that a proper instruction would have significantly affected the jury's verdict. Id. As such, the defendant bears a "heavy" burden of persuasion. Id. Here, appellant's co-conspirator Wong testified to both of the acts offered by the state as proof of an overt act. That evidence was further substantiated by appellant's own admissions and the physical evidence found by law-enforcement officials at the pink cabin. Even if the jury had a clearer instruction, there is no reasonable likelihood that a different instruction would have significantly affected the jury's verdict, given the strong evidence as to both of the alleged overt acts. As a result, the district court's jury instruction failed to constitute reversible error.
Affirmed.
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