Stanley v. State

The defendant, David Stanley, appeals his convictions for second degree murder with a firearm and unlawful possession of a firearm while engaged in a criminal offense. We reverse the defendant’s convictions and remand for a new trial.

During the trial, the state read into evidence a statement made by the defendant to the police in which the defendant explained what had transpired on the night of the shooting. The defendant stated that he was struggling with the victim for a gun and that as he pulled the gun free from the victim the gun went off two or three times. The defendant did not realize…