State v. Sprang

OPINION

HOWARD, Chief Judge.

¶ 1 Following a jury trial, appellant Michelle Sprang was convicted of second-degree murder and sentenced to a mitigated prison term of ten years. On appeal, Sprang argues the trial court erred by instructing the jury on the lesser-included offense of second-degree murder and by denying her motion for a new trial. For the reasons that follow, we vacate Sprang’s conviction and sentence.

Factual and Procedural Background

¶ 2 We view the facts in the light most favorable to sustaining the verdict. State v. Haightr-Gyuro, 218 Ariz. 356, ¶ 2, 186 P.3d 33, 34 (App.2008).…