State v. McCormick

Defendant was charged with murder and convicted of the lesser-included offense of criminally negligent homicide. On appeal, he contends that the trial court erred in instructing the jury on the lesser-included offense. He also contends that the trial court erred in excluding evidence of the victim’s prior bad acts and in imposing a sentence that exceeds the statutory maximum. We affirm.

We begin with the contention that the trial court should not have given the instruction on the lesser-included offense, stating the facts in the light most favorable to the party seeking the instruction, that…