State v. Lopez

GUTIERREZ, Judge.

Jose Lopez was charged with second degree attempted murder, and with use of a firearm in the commission of a felony. After trial, the jury found Lopez guilty of the lesser included offense of aggravated battery. However, the district court then ordered a new trial, determining that it had erred in the decision of a question of law regarding a possible conflict involving the representation of Lopez. On appeal the state argues the district court erred in granting a new trial. We reverse and remand.

I

FACTS AND PROCEDURE

Jose Lopez was charged with attempted murder and with use of…