Brief Fact Summary. Defendant appealed two convictions based on the contention that his actions did not meet the standard for attempted kidnapping.
Synopsis of Rule of Law. To constitute an attempt, there must the specific intent to commit a particular crime, and a direct ineffectual act done towards its commission.
Issue. Whether Defendant’s actions went beyond mere preparation and constituted an attempt.
Held. Vacated, Defendant is entitled to new counsel.
To constitute an attempt, there must the specific intent to commit a particular crime, and a direct ineffectual act done towards its commission.
The act or acts must go further than mere preparation; they must be such as would ordinarily result in the crime except for the interruption.
Defendant’s actions did not reach the stage of development beyond mere preparation, as the actions could be attributable to several different crimes.
If any contention raised is reasonably arguable, no matter how the court feels it will probably be resolved, the court must appoint another counsel to argue the appeal.
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