People v. Guy

Summary

The court held that attempted first degree murder requires proof that the defendant intended to kill without lawful justification, not merely that the defendant intended to kill. Because the jury found that Guy subjectively believed he was acting in self-defense, its second degree murder verdict was incompatible with the attempted first degree murder conviction, and counsel’s failures to challenge the instruction and preserve the issue constituted ineffective assistance. The court replaced the attempted first degree murder conviction with aggravated battery with a firearm and remanded for sentencing.