State v. Murphy

TIMMONS-GOODSON, Judge.

Brian Keith Murphy (“defendant”) appeals his conviction for second-degree murder. For the reasons discussed herein, we hold that defendant received a trial free of prejudicial error, but we remand the case for resentencing.

The State’s evidence presented at trial tends to show the following: During November 2002, defendant and Michelle May (“Michelle”) shared a residence with Michelle’s two children, three-year-old Brian (“Brian”) and six-year-old Blair (“Blair”). On 4 November 2002, defendant was babysitting Brian while Michelle was at work. At approximately 1:00 p.m.,…