Dominguez v. State

SANDSTROM, Justice.

[¶ 1] Esteban Dominguez appeals from a district court order denying his application for post-conviction relief. Dominguez argues his attempted murder conviction is illegal because N.D.C.C. § 12.1-16-01(l)(b), murder under circumstances manifesting an extreme indifference to the value of human life, cannot be the underlying charge for an attempt offense. We conclude attempted murder under N.D.C.C. §§ 12.1-06-01 and 12.1-16-01(l)(b) is not a cognizable offense, because attempt requires an intent to complete the commission of the underlying crime and a majority of this Court…