v. Jackson

Summary

The court held that Jackson could not constitutionally stand convicted of both first degree murder and attempted first degree murder because, in this mistaken-identity case, both offenses involved the same conduct and victim, making the attempted offense a lesser included offense of the murder. The court rejected reliance on transferred intent because Colorado's first degree murder statute covers unintended victims and because the shooter hit the person he aimed at, even though he misidentified that person. The court affirmed on different grounds and remanded for the attempted-murder conviction and sentence to be vacated.