Wishop v. State

UPCHURCH, Chief Judge.

John Wishop appeals from an order denying a motion for arrest of judgment. Wish-op was initially charged with attempted first degree murder and the possession of a firearm in the commission of a felony. He was convicted of attempted second degree murder and possession of a firearm in the commission of a felony. Wishop contends that because the state elected to charge him with possession of a firearm while attempting to commit first degree murder, he cannot be convicted of the firearm possession charge after he was acquitted on the underlying felony (attempted first…