Carter v. State

CRENSHAW, Judge.

Tyrone Lee Carter appeals his judgments and sentences for second-degree murder with a firearm and two counts of attempted first-degree murder. Because we find the jury instruction for manslaughter by act, as a lesser included offense of second-degree murder, constituted fundamental error, we reverse Carter’s conviction for second-degree murder and remand for a new trial as to that count. We affirm the remaining judgments and sentences without comment.

Carter was charged with the second-degree murder of Carlis Callahan. The State alleged that on June 5, 2005, Carter entered…