Nature of the Case
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Facts
D was involved in a relationship with Tresa Franz. D consumed most of a bottle of rum. D became belligerent, and he and Franz began arguing. Franz asked D to take her home. D refused, laughing at her and threatening to kill her. D drove over to Ribe's house. Allred, Franz, and her child remained in the vehicle. When Casey returned to the vehicle, Allred got out to speak with Ribe, and D and Franz began arguing again. D reached behind the seat and grabbed a handgun and pointed the gun at Franz's neck. Ribe went over to the vehicle and told D to leave. D lowered the gun and agreed to leave. Franz fled into Ribe's house for a few minutes but returned when she realized that her son was still in the back seat. With Franz and Allred back in the vehicle, D began to pull out of the driveway. They began arguing, and D pointed the handgun at Franz's head. He pulled the trigger, but the handgun misfired. D then pointed the gun at Franz's feet and successfully fired a round, which lodged in the floor of the vehicle. D again pointed the gun at Franz's head. Franz grabbed D's arm, pushed it away, and jumped out of the moving vehicle. D fired one more time. D was convicted of attempted murder, aggravated assault, and domestic violence in the presence of a child. D argues that the trial court improperly instructed the jury on the elements of attempted murder. The jury was instructed that the required mental state was 'intentionally or knowingly.'
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