People v. Lefler

Defendant was convicted, after jury trial, of second degree murder, unlawful possession of a weapon by a felon, and attempted burglary. Conviction for attempted burglary was erroneous, as this was predicate offense for felony murder conviction and is thus a lesser included offense.  Jury verdicts were not legally inconsistent and court did not err in finding no statutory mitigating factors applicable to Defendant. That jury found a mitigating factor to exist in present case would have no bearing on its finding that Defendant was also guilty of felony murder, as felony murder may not be mitigated to second degree murder. (HOLDRIDGE and McDADE, concurring.)