State v. Dewberry

STEELMAN, Judge.

Defendant was convicted by a jury of first-degree murder and assault with a deadly weapon inflicting serious injury. Defendant was sentenced to life imprisonment without parole for the murder charge, and a consecutive active term of 34 to 50 months for the assault charge. Defendant appeals.

State’s evidence tends to show that on the evening of 21 July 2002, defendant was driving Bill Berry (Berry) in a Ford Explorer when they came upon Gene Walton (Walton) and Charlie Byers (Byers) stopped in the road in a white Honda. Walton was in the driver’s seat. Defendant and Berry left…