State v. Borrero

(dissenting) — Unlike our majority, I would hold Borrero was charged improperly with attempted murder by an insufficient information, and his jury instructions erroneously relieved the State of its burden to prove every element of the crimes charged beyond a reasonable doubt.

I. The Insufficiency of Borrero’s Information

I agree a “substantial step” is an essential element of an attempt crime which must be included in Borrero’s infor*372mation to pass constitutional muster. I also agree since Borrero challenged the sufficiency of the information preverdict we must strictly construe his charging…