People v. Cabassa

OPINION OF THE COURT

Simons, J.

Defendants Lind and Cabassa have been convicted of one count of attempted murder in the first degree, three counts of attempted murder in the second degree and two counts of criminal use of a firearm in the first degree. The charges are based on defendants’ conduct during a high-speed automobile chase when Lind, a passenger in the vehicle driven by Cabassa, fired several gunshots at the pursuing police vehicle. We conclude that defendant Cabassa’s conviction must be reversed and a new trial ordered because of the trial court’s refusal to submit to the jury the…