Burgess v. State

This proceeding began as an Anders1 appeal. Burgess’ appellate counsel appealed his conviction for attempted second degree murder with a firearm,2 raising solely the point that the trial court erred in denying his motion for judgment of acquittal. Burgess filed a pro se brief in which he claimed the trial court committed fundamental error (among other things) by failing to instruct the jury on justifiable and excusable homicide. This court requested additional briefings from appellant’s counsel and the attorney general.

Upon a review of the record, both conclude that fundamental error occurred…