The appellant appealed a jury conviction for attempted murder arising from a stabbing outside a restaurant, and also appealed a sentence of seven years and four months' imprisonment.
The principal issues were the admissibility of prior-incident evidence, the adequacy of the party-liability instruction in light of a jury question about non-intervention and indirect involvement, the intent instruction, the reasonableness of the verdict, and sentence fitness.
A majority would dismiss the conviction appeal, grant leave to appeal sentence, and dismiss the sentence appeal, holding that the prior incidents were admissible contextual and motive evidence, the charge on parties and intent was adequate, and the verdict was supported by the evidence.
In dissent, one judge would allow the conviction appeal and order a new trial because the jury may have convicted on an erroneous omission-based party-liability theory.
