Messer v. State

WARNER,. C.J.

The appellant, Robert Messer, challenges his conviction and sentence for manslaughter, contending that the evidence was not legally sufficient to sustain *528his conviction. However, because he requested that the jury be instructed on manslaughter as a lesser included offense of first degree murder, and we conclude that the evidence was sufficient to convict him as a principal or aider and abetter to-murder, he cannot now complain that the evidence is legally insufficient on the charge of manslaughter. We reverse, however, the departure sentence because the grounds for departure did…