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Funck v. State

Criminal attempt to possess cocaine can be used as the underlying felony for a felony murder conviction.

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Following the denial of his motion for new trial, as amended, Marcus Funck appeals his conviction for felony murder while in the commission of criminal attempt to possess cocaine in connection with the death of Charles Johnson. Funck complains of a ruling regarding the cross-examination of his co-indictee, that he was allegedly required to wear prison garb at his trial, and that his trial counsel was ineffective. Finding the challenges to be without merit, we affirm.1

The evidence construed in favor of the verdict showed the following. On August 18, 2006, Funck and his girlfriend, Morse, borrowed a van from a friend, Paz-Sanchez. They wanted to obtain crack cocaine, and planned to get the money to purchase it by selling a stolen remote control to a drug dealer. Unsuccessful in selling or pawning the stolen item, and having no money to purchase the drugs, the pair decided they would find someone who would sell them cocaine and after receiving the drugs drive off without paying. They had previously used this method to obtain drugs.

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