State v. Adcock

SCHLEGEL, Judge.

The defendant, Rodney L. Adcock, was charged with attempted murder of Jim Phillips, and in the same information, was charged with willful injury of Jeff Phillips. The jury acquitted Adcock of the willful injury of Jeff Phillips, but found him guilty of willful injury of Jim Phillips, as a lesser-included offense of attempted murder. Ad-cock appeals that conviction, claiming that the court erred in submitting willful injury as a lesser-included offense of attempted murder. We reverse.

While the State concedes that willful injury is not an included offense of attempted murder, it…