State v. Johnston

Brown, A.C.J.

— David L. Johnston appeals his convictions for second degree murder, attempted second degree murder, first degree robbery and second degree robbery. He argues the trial court erred by denying his motions to dismiss, allowing the State to amend the information and submit an inferior degree crime to the jury, and giving certain jury instructions that omitted the victim’s name. Also, he argues ineffective assistance of counsel and evidence insufficiency to establish accomplice liability. The State urges error in merging the attempted second degree murder conviction into the first…