Moore v. State

Ladolphus Zeliska Moore, the appellant, was convicted of discharging a firearm into an occupied vehicle in violation of Ala. Code 1975, § 13A-11-61 (Supp. 1993). He was sentenced to 20 years' imprisonment. On this direct appeal from that conviction, he argues that the trial court erred in refusing his requested jury instructions on the lesser included offenses of attempted assault in the second degree, attempted assault in the third degree, and menacing.

"[I]t is well settled that '[a] defendant is entitled to a charge on a lesser included offense if there is any reasonable theory from the…