Connolly, Jr. v. State

I concur in Parts I through IV of the majority opinion. However, I do not agree with the analysis, or the result reached, in Part VI26 and, therefore, dissent from that portion of the majority opinion. Because my analysis of the issue in Part VI is dispositive of this appeal,271 conclude that we must reverse with directions to vacate the judgment and sentence and enter a judgment of acquittal.

A. Introduction

The majority opinion frames the issue in Part VI as follows:

Reclassification of the second degree murder was lawful because the State presented evidence and the jury found that the…