Richards v. State

Appellant was convicted of second-degree murder and was sentenced to life in prison based on the jury’s finding that he discharged a firearm causing great bodily harm during the commission of the offense. In this direct appeal, Appellant contends that the trial court fundamentally erred in instructing the jury on the lesser included offense of manslaughter. We find no merit in this argument and, thus, affirm Appellant’s judgment and sentence.

In State v. Montgomery, the supreme court held that it was fundamental error to instruct the jury that in order to find the defendant guilty of…