ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
KAREN R. BAKER, JUDGE
FELANTA D. WILLIAMS
STATE OF ARKANSAS
OCTOBER 3, 2007
APPEAL FROM THE PULASKI COUNTY
HONORABLE CHRISTOPHER CHARLES
Appellant’s sole point for reversal of his conviction of attempted first-degree murder is that
the trial court erred in declining to give jury instructions on two lesser-included offenses, attempted
manslaughter and attempted negligent homicide. We find no error and affirm.
Appellant was charged with attempted first-degree murder, and the jury was instructed on
attempted first-degree murder, attempted second-degree murder, and aggravated assault. The jury
convicted appellant of attempted murder in the first degree. On appeal, he claims only that the trial
court erred in refusing to instruct the jury on the charges of attempted manslaughter and attempted
negligent homicide. Because appellant failed to proffer these instructions to the trial court or object
to the instructions as given, this argument is not preserved for review.
In order to preserve for appeal any objection to the circuit court’s failure to give an
instruction, the appellant must make a proffer of the instruction to the circuit court judge. Davis v.
State, 368 Ark. 401, ___ S.W.3d ___ (2007). At trial, appellant discussed possible instructions;
however, he never proffered a copy of the proposed instructions for either attempted manslaughter
or attempted negligent homicide. For that reason, appellant did not properly preserve his argument
regarding the instruction for appeal, and, we decline to address the argument.
MARSHALL and MILLER, JJ., agree.