Kyle Reshawn Dodson a/k/a Kyle Dodson a/k/a Kyle Rashawn Dodson v. State of Mississippi

Summary

The Mississippi Court of Appeals affirmed Kyle Dodson's convictions for attempted murder and conspiracy to commit motor vehicle theft. The court held that, even assuming aggravated assault could constitute a lesser-included offense of attempted murder, the evidence did not provide a sufficient factual basis for an aggravated-assault jury instruction.

Holdings

1. The trial court did not err by refusing to give an aggravated-assault instruction because the record lacked an evidentiary basis for a rational jury to find Dodson not guilty of attempted murder but guilty of aggravated assault.

Questions Presented

1. Whether the trial court erred by refusing to instruct the jury on aggravated assault as a lesser-included offense of attempted murder.
2. Whether the trial evidence provided a sufficient factual basis for a rational jury to acquit Dodson of attempted murder while convicting him of aggravated assault.

Disposition

affirmed