State v. Phillips

The opinion of the court was delivered by

Biles, J.:

Michael Phillips directly appeals his convictions for first-degree felony murder, two counts of attempted aggravated robbeiy, and criminal possession of a firearm. His convictions stem from the shooting death of Miguel Moya, who Phillips said rushed at him unarmed during a scuffle. Phillips shot Moya after robbing two people at gunpoint at the same house. Phillips challenges: (1) the district court’s failure to instruct the jury on the lesser included offenses of second-degree murder and voluntary manslaughter and on self-defense; (2) the…