Ashley v. State

OPINION

STATON, Judge.

A jury convicted Bruce J. -Ashley, Sr. (“Ashley”) of attempted murder, a class A felony.1 He subsequently filed a petition for post-conviction relief which was denied. On appeal, Ashley presents the sole issue of whether the post-conviction court erred in denying his petition.

We reverse and remand.

The facts most favorable to the judgment reveal that on January 23, 1991, a jury convicted Ashley of the attempted murder of his ex-wife. Ashley appealed his conviction alleging that the jury was not instructed that the State had to prove he had the specific intent to kill his…