State v. Maestas

Clyde Maestas (defendant) robbed a bank and fled in a van; after Sergeant Cecil Throckmorton shot at the van to disable it, Maestas leaned out the window and shot back at him. Maestas was caught nearby after crashing and was charged with attempted first-degree murder for shooting at Throckmorton. At trial, the jury was instructed to use the intentional-or-knowing culpability standard drawn from the first-degree murder statute and convicted Maestas on that basis. At sentencing, Maestas argued that common law required a higher "specific intent" standard for attempt crimes -- higher than the intentional-or-knowing standard needed for the completed offense -- and the trial court agreed, dismissing the charge for insufficient evidence of specific intent. The state appealed.