State v. Cruz

OPINION

TOCI, Judge.

Tommy Anthony Cruz (“defendant”) appeals from the judgment and sentences imposed after a jury convicted him of second-degree murder and three counts of aggravated assault. He contends that the trial court erred by instructing the jury on the lesser-included offenses of homicide over his objection. He also challenges the propriety of the instruction on justification. We find no error by the trial court or in the instruction and affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

One evening in January 1994, Jesse Sotelo, a thirteen-year-old boy, was among a group of persons standing…