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Guerra (D) and an accomplice attempted to rob two co-workers of D. During the robbery, D's shotgun discharged twice and killed one of the co-workers. D was tried for murder, attempted murder, and robbery, and was convicted on all charges. At trial, D claimed that he did not intend to kill anyone and that the gun accidentally discharged. The jury was instructed on an attempt to commit a crime and the three forms of malice necessary for murder. The jury made no special finding on the specific intent to kill. D appealed.

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