Hill v. State

WALLACE, Judge.

Jacquaile Hill appeals his judgment and sentence for attempted second-degree murder. Because the trial court gave an erroneous jury instruction on the lesser-included offense of attempted manslaughter by act, which is one step removed from attempted second-degree murder, we reverse Mr. Hill’s judgment and sentence and remand for a new trial.

I. THE FACTS AND PROCEDURAL BACKGROUND

The State charged Mr. Hill with attempted first-degree murder based upon Mr. Hill’s conduct in shooting Marquis Robinson with a firearm on July 18, 2007, after a street brawl. At trial, Mr. Hill…