Castro v. State

Manuel Castro was tried by a jury and convicted of solicitation to commit first degree murder and conspiracy to commit first degree murder. Castro appeals these convictions, arguing (1) that a new trial is required as a consequence of the trial court’s' failure to instruct the jury on the crimes of solicitation to commit second degree murder and conspiracy to commit second degree murder — offenses which he claims are necessarily lesser included offenses of the charged offenses — and (2) that his convictions for both crimes violate double jeopardy principles. We find merit in neither…