State v. Johnson

OPINION

BIVINS, Judge.

On rehearing, the previous opinion is withdrawn and the following is substituted.

The jury found defendant guilty of four counts of attempted first degree depraved mind murder of Ms. Parker, her two children, and a babysitter; two counts of attempted second degree murder of Cauffman and Shannon; and negligent arson. From the judgment and sentences entered on the verdicts, defendant appeals, raising the following three issues:

1. Whether defendant’s right to due process was violated when the jury was instructed on negligent arson, although the state’s charge against him…