State v. Tubbs

CRIST, Judge.

Defendant complains of the trial court’s failure to submit to the jury his offered instruction on excusable homicide. The court instructed the jury on capital murder, second degree murder, and manslaughter. The jury returned a verdict of guilty on the second degree murder charge. Defendant was sentenced in accord with the jury’s recommendation to 25 years imprisonment. We affirm.

Defendant does not contest the sufficiency of the evidence supporting his conviction. Rather, he alleges his testimony at trial presented sufficient evidence to mandate the submission of MAI-CR2d 2.28,…