State v. Cartagena

The primary question presented in this appeal is: Did the trial court err in refusing to submit defendant’s requested verdict of endangering safety by conduct regardless of life, 1 (endangering safety), as a lesser included offense of attempted first-degree murder? 2

“(2) In this chapter ‘intent to kill’ means the mental purpose to take the life of another human being.” Amended L. 1977, c. 173, sec. 5, effective June 1, 1978.

“939.32. Attempt. (1) Whoever attempts to commit a felony or a battery as defined by s. 940.20 or theft as defined by s. 943.30 may be fined or imprisoned or both not to…