State v. Mosley

ARROWOOD, Judge.

*148 Darian Jarelle Mosley ("defendant") appeals from judgment entered upon his conviction for second degree murder. For the following reasons, we vacate and remand to the trial court for resentencing.

*149 I. Background

On 20 May 2013, a McDowell County Grand Jury indicted defendant on one charge of first degree murder. The case was called for a jury trial in McDowell County Superior Court on 16 May 2016, the Honorable R. Gregory Horne, Judge, presiding.

The evidence presented at trial tended to show the following facts: Defendant and the victim were in a relationship. In the early…