Murphy v. State

On Application for Rehearing

KELLUM, Judge.

On rehearing, Jason Andrew Murphy argues that there was insufficient evidence to support his conviction for burglary in the second degree. Specifically, Murphy argues that the burglary charge against him can be upheld only if he had the specific intent to commit murder — as he was indicted for knowingly entering or remaining unlawfully at the PrimeCare facility with the intent to commit murder— therefore, this Court’s holding that there was insufficient evidence to support his attempted-murder conviction necessarily means that Murphy did not have the…