Schmidt v. State

HINES, Presiding Justice.

Lacy Aaron Schmidt appeals his convictions and sentences for malice murder, possession of a firearm during the commission of a crime, and theft by taking in connection with the fatal shooting of Alana May Calahan. He maintains that it was error to fail to instruct the jury on the law of involuntary manslaughter, that trial counsel was ineffective, and that his sentence constituted cruel and unusual punishment in violation of the Eighth Amendment to the Constitution of the United States. For the reasons that follow, we affirm.

The evidence construed in favor of the…