State v. Hernandez

Gabriel Hernandez appeals his conviction for second degree murder while armed with a firearm. Hernandez contends that the trial court erred when it refused to instruct the jury on the lesser included offenses of first and second degree manslaughter. Hernandez also claims that the trial court erred when it admitted evidence of other crimes, wrongs or acts under Evidence Rule 404(b). We find that the instructions for lesser included offenses were properly refused because Hernandez failed to introduce sufficient facts to support them. Also, the State’s evidence of prior physical abuse was…