State v. Rainey

WYNN, Judge.

Following his conviction on the charge of attempted first-degree murder, defendant Mikel Rainey argues on appeal that the trial court erred by failing to instruct on the lesser-included offenses of (1) assault with a deadly weapon inflicting serious injury, and (2) attempted voluntary manslaughter. We find no error in the failure to instruct on the offense of assault with a deadly weapon inflicting serious injury because that offense is not a lesser-included offense of attempted first-degree murder. Moreover, although we hold that attempted voluntary manslaughter is (1) a crime in…