Powell v. State

OPINION

Appellant Norman Tyrone Powell (“Powell”) drove by a group of people standing around their cars and fired one shot from a rifle out his car window. He was convicted of three counts of assault with a deadly weapon, being an ex-felon in possession of a firearm, and discharge of a firearm from a motor vehicle. In addition, he was adjudicated a habitual criminal based on his prior criminal history. Accordingly, the district court sentenced him to life in prison without the possibility of parole.

Powell appeals, alleging that no specific intent instruction was given with respect to the…