Etienne v. State

BOEHM, Justice.

Charles E. Etienne was convicted of murder and sentenced to sixty years imprisonment. In this direct appeal he contends that (1) the State engaged in prosecutorial misconduct that constitutes fundamental error; (2) the trial court erroneously refused his lesser included offense instruction on reckless homicide; and (3) he received ineffective assistance of counsel. Under most circumstances we will not entertain a claim of ineffectiveness of counsel presented on appeal by the same attorney who tried the case. This case presents no basis for an exception. We affirm the trial…