Cooper v. State

ON MOTION FOR REHEARING

SHAHOOD, J.

We grant rehearing, withdraw our previously issued opinion and substitute the following in its place.

Appellant was charged with attempted first degree murder. Following a jury trial, he was convicted of attempted second degree murder. He contends it was fundamental error for the trial court to give the following, unobjected-to jury instruction:

In order to convict — to be guilty of attempted manslaughter, it is not necessary for the State to prove that the defendant has a premeditated intent to cause death, but, the State must prove that the actions of Mr.…