Trial court's failure to instruct the jury on element of offense, that defendant knew that victim was a law enforcement officer, constituted fundamental error where there was a dispute at trial as to whether defendant knew that victim was law enforcement officer. On remand, if state intends to proceed under attempted felony murder theory, it needs to properly charge defendant under the attempted felony murder statute.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment