Swallows v. State

SELBY, Justice.

Defendant was convicted of two counts of Attempted Murder, four counts of Criminal Confinement while armed with a deadly weapon, and two counts of Attempted Criminal Deviate Conduct while armed with a deadly weapon. This is an appeal from the post-conviction court’s affirmance of these convictions. The Court of Appeals reversed the post-conviction court solely on the issue of the attempted murder instruction. Judge Najam, writing for a unanimous court, found that the trial court committed fundamental error by failing to instruct on the specific intent element of attempted…