Douglas

Alexander Douglas appeals from a conviction of attempted murder (Pen. Code, §§ 664, 187) and assault with a firearm (§ 245, subd. (a)(2)). The jury also found that he acted willfully, deliberately and with premeditation (§§ 189 and 664, subd. 1), used a handgun during the offenses (§§ 12022.5 and 1203.06, subd. (a)(1)(i)) and intentionally inflicted great bodily injury on the victim (§ 12022.7). After finding him sane at the time of the offenses, and denying his motion for new trial, Douglas was sentenced to state prison for a life term with a consecutive five-year term for the gun use and great bodily injury enhancements. Sentence was stayed on the assault charge.

Douglas contends that the trial court erred by failing to instruct the jury on the offense of attempted second degree murder. He further asserts that the jury’s failure to specify the degree of the offense established the crime as attempted second degree murder as a matter of law and, thus, the trial court lacked jurisdiction to impose sentence for other than attempted second degree murder. We find both of these arguments based on the erroneous premise that there exists a crime of “attempted second degree…