State v. Whittle

HOLOHAN, Justice.

Defendant Wesley Neal Whittle was tried on one count of first degree murder. After a trial by jury, he was convicted of the lesser included offense of second degree murder, dangerous nature. A.R.S. §§ 13-1104, -604. After defendant’s conviction, the trial court granted the defendant’s motion for a new trial because the jury should not have been given an instruction on reckless second degree murder. The state appealed, and the Court of Appeals reversed the order for new trial and remanded the case for sentencing. State v. Whittle, 156 Ariz. 400, 752 P.2d 489 (App.1985). We…