State v. Fortune
Annotate this CaseAfter a jury trial, Daniel Fortune was found guilty on eleven counts related to the attempted murder of a five-member family in their home. The Supreme Court affirmed the convictions and resulting sentences, holding (1) the trial court did not err when it instructed the jury that it could find Fortune guilty of attempted murder if the jury found that the State had proved attempted murder as to one of three victims named in a single count of the indictment; (2) the evidence was sufficient to support Fortune's convictions of the aggravated attempted murders of two of the victims; (3) the aggravated murder statute does not violate the state or federal Constitution; (4) the sentencing court did not err in its application of the sentencing analysis, resulting in the imposition of concurrent life sentences for two counts of aggravated attempted murder, and the court did not err concluding that a split sentence was not available to Fortune; and (5) the fact that the sentencing court did not clearly articulate on the record the three-step sentencing analysis in determining the concurrent sentences imposed on the remaining nine felony counts was harmless, assuming it was error at all.
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