State v. Fierro
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The Supreme Court affirmed Defendant's convictions on two counts of aggravated assault with a deadly weapon or dangerous instrument, two counts of aggravated assault causing temporary but substantial disfigurement, and one count of attempted second degree murder, holding that Defendant was not entitled to relief on his claims of error.
At issue on appeal was whether the trial court committed fundamental error by instructing the jury that a conviction for attempted second degree murder may be based not only on intent to kill but on recklessness or the defendant's knowledge that serious injury would result. The Supreme Court affirmed Defendant's convictions, holding (1) the trial court's instruction on second degree murder was erroneous, and a new instruction is necessary, which the Court adopts in this opinion; and (2) based on the evidence, the nature of the charged offense, and other factors, Defendant fell short of meeting his burden of persuading the Court that he suffered prejudice.
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