State v. Martin

¶1 James Gene Martin, a/k/a James Gene Trujillo (Martin), appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on a jury verdict finding him guilty of forgery, attempted deliberate homicide, felony theft, escape, aggravated burglary, and felony assault. We affirm in part and reverse in part.

¶2 Martin raises the following issues:

¶3 1. Does sufficient evidence support the verdict convicting Martin of attempted deliberate homicide?

¶4 2. Did the District Court err in refusing instructions on assault on a peace officer as a lesser included offense of attempted…