People v. Hoffmeister

Byron Lee Hoffmeister appeals his conviction of first-degree murder.

The issues are whether the trial judge erred in failing sua sponte to instruct the jury on the lesser included offense of second-degree murder and whether there was sufficient evidence of premeditation and deliberation to support a first-degree murder conviction.

We conclude that the evidence did not show premeditation and deliberation. We reduce the degree of the murder conviction to second degree and remand for modification of the judgment of conviction and resentencing. There is no need in this case to address the…