Cosme v. State

The defendant appeals his convictions and sentences for two counts of attempted second-degree murder and one count of shooting into an occupied vehicle. He argues the trial court erred in admitting evidence of his gang affiliation and hierarchy, in failing to instruct the jury on attempted manslaughter although no request was made to do so, and in sentencing the defendant on the attempted second-degree murder charges as first-degree felonies. The State agrees with the defendant’s sentencing argument. We therefore reverse the sentences; we find no error in the other two issues raised.

The State…