State v. Joseph D. Herrera

SUBSTITUTE OPINION.

THE COURT’S PRIOR OPINION DATED AUGUST 7, 2015 IS HEREBY WITHDRAWN

J. JONES, Chief Justice.

Joseph Herrera appeals from a conviction of second-degree murder. Herrera was holding a firearm that discharged, killing his girlfriend, Stefanie Comack. Herrera argues (1) there was insufficient evidence to support a finding of malice, and (2) improper testimony from a number of witnesses unfairly prejudiced his case.

I

FACTUAL AND PROCEDURAL BACKGROUND

At the time of the shooting, Herrera and Stefanie had been dating for three to four months and were living together in Herrera’s…