State v. Williams

EAGLES, Judge.

Defendant brings forward five assignments of error. After careful consideration, we find no error in the admission of evidence seized pursuant to an emergency warrantless search which closely followed an initial sweep by the first responding officers. We also find río error in: 1) refusing to instruct the jury to consider diminished capacity in evaluating malice, 2) aggravating defendant’s sentence because of the large quantity of drugs found at the crime scene, and 3) admitting victim impact statements as to sentence. We find the trial court erred in: 1) refusing to instruct…