Grant v. State

The trial court properly identified and defined the elements of the felony offense of fleeing and attempting to elude and clearly instructed jury that they could convict on felony murder only if they found defendant guilty of the underlying felony.

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A jury convicted Arthur Grant of felony murder and theft by receiving stolen property arising out of an incident in which Grant attempted to elude capture while driving a stolen car, ran a red light, collided with another car, and killed a six-year old passenger in that car.1 Grant appeals, challenging two jury instructions. Because the instructions were not erroneous or prejudicial, we affirm. The evidence at trial showed that Grant was driving a stolen pick-up truck when he was spotted by police. A police officer followed the truck as it made a series of turns, but did not activate his emergency lights or siren. Grant began speeding after he observed several police cars that had been participating in a roadblock, and the officer following Grant then signaled him to stop, using both flashing lights and siren. Grant ignored the officer’s signals, ran both a stop sign and a red light, and struck two cars. A six-year-old passenger in one of the cars was killed. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that any rational trier of fact could have found Grant guilty beyond a reasonable doubt of the crimes for which he was convicted.2

1. Grant challenges two jury instructions. First, he contends that the trial court charged the jury on the misdemeanor offense of fleeing and attempting to elude rather than on the felony offense. The trial court’s charge tracked the statutory language and thus did include a definition of the misdemeanor offense.3 However, the trial court properly identified and defined the elements of the felony offense and also clearly instructed the jury that they could convict on felony murder only if they found Grant guilty of the felony of fleeing and attempting to elude.

Grant v. State

The trial court properly identified and defined the elements of the felony offense of fleeing and attempting to elude and clearly instructed jury that they could convict on felony murder only if they found defendant guilty of the underlying felony.

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