Wells v. State

Adams, Judge.

Frederick “Ricky” Wells appeals from his conviction and sentence and from the denial of his motion for new trial. Wells admits the evidence shows he fought with his landlord, James Asher, shot Asher with Asher’s own .38 caliber pistol, and then left Asher’s home in Asher’s truck with the same pistol in his possession. He was convicted of voluntary manslaughter, armed robbery, theft by taking, possession of a firearm during the commission of a crime, and driving with a suspended license. On appeal he asserts, and the State agrees, that the trial court made several merger errors…