Howard v. State

OPINION

SHARPNACK, Chief Judge.

Seab Howard appeals the denial of his petition for post-conviction relief The sole issue for our review is whether the trial court erred when instructing the jury on the elements of attempted murder. We reverse and remand.

FACTS

The facts most favorable to the judgment follow.1 On January 30, 1989, Gina Howard was walking with her children when she was confronted by her estranged husband, Howard. Gina told Howard that she had obtained a restraining order against him and that he would have to leave her alone. Howard responded that he was armed with a handgun.…