Doan v. State

Eddie Doan was indicted for discharging a firearm into an occupied automobile, a violation of § 13A-11-61, Ala. Code 1975. He was convicted of discharging a firearm into an unoccupied automobile, also a violation of § 13A-11-61, Ala. Code 1975. Pursuant to the Habitual Felony Offender Act, he was sentenced to 15 years' imprisonment.

I

Doan contends that the trial court erred in instructing the jury that discharging a firearm into an unoccupied automobile is a lesser offense included in the offense of discharging a firearm into an occupied automobile. Specifically, Doan contends that discharging…