(concurring specially in part and dissenting in part).
Although I agree generally with the majority’s treatment of Issue I relating to lesser-included offenses, I am still convinced that there is an offense of attempted second-degree murder under South Dakota law. SDCL 22-4-1; SDCL 22-16-7. See my dissent in State v. Lyerla, 424 N.W.2d 908, 913 (S.D.1988), appeal dismissed and cert. denied, 488 U.S. 999, 109 S.Ct. 774, 102 L.Ed.2d 767 (1989). Therefore, I concur specially on this issue.
I would decide Issue II — Use of Involuntary Statements for Impeachment of Defendant — consistent with our treatment of the same issue in State v. Brings Plenty, 459 N.W.2d 390 (S.D.1990), because, based on the totality of the circumstances, the statements were, in fact, involuntary. Since the determination of Issue II in this manner would resolve Issue V (State’s Notice of Review), I would not reach Issues III and IV.