Bowers v. State

We reverse appellant’s reduced conviction for attempted second degree murder with a deadly weapon but affirm appellant’s convictions on all other charges.

Appellant was charged and tried on count one of attempted first degree murder with a deadly weapon. The jury was instructed that a conviction on this count could be based on either premeditation or a felony-murder theory. During deliberations, the jury inquired as to how to list their verdict of attempted first degree murder on the felony-murder theory rather than premeditated murder. In response to the jury’s question, the court reread the…