State v. Moore

GEMMILL, Chief Judge.

¶ 1 Defendant Jamal Deshuan Moore was convicted of first-degree felony murder and attempted first-degree felony murder. On appeal, he challenges only his conviction for attempted felony murder, arguing that there is no such offense under Arizona law. We agree that attempted felony murder is not a cognizable offense in Arizona, and we therefore vacate Moore’s conviction and sentence for this non-existent offense.

FACTS AND PROCEDURAL BACKGROUND

¶2 In December 2001, Moore and cohort Quran S. went to the home of Christopher P. for a prearranged drug transaction. In an adjacent…