Aldana v. State

OPINION

Appellant Angel Rubin Aldana appeals from a judgment of conviction of three counts of attempted murder with the use of a deadly weapon. We are persuaded that the district court erred in refusing to instruct the jury on the law governing Aldana’s theory of defense. Accordingly, we reverse Aldana’s judgment of conviction and remand the case to the district court for a new trial.

*246 THE FACTS

Aldana was arrested and charged with three counts of attempted murder with the use of a deadly weapon. Aldana pleaded not guilty by reason of insanity.

Uncontroverted evidence introduced at trial…