Walker v. State

*572OPINION

By the Court,

Rose, C. J.:

Appellant Dannie Ray Walker (Walker) was convicted of three counts of attempted murder with the use of a deadly weapon for firing shots at three rival gang members in a gas station parking lot. At trial, Walker requested that the jury be instructed as to the offense of assault with the use of a deadly weapon, and the district court refused. We conclude that the district court erred in declining to instruct the jury as to the lesser included offense of assault with the use of a deadly weapon, and we reverse Walker’s three convictions for attempted murder and…