Gibson v. State

WENTWORTH, Judge.

Appellant seeks review of judgments of conviction and sentences imposed for second degree murder, shooting within a building, using a firearm in the commission of a felony, improper exhibition of a firearm, and grand theft of a motor vehicle. We find that the court’s limited jury instruction on excusable homicide requires that appellant’s murder conviction be reversed. We find no error with regard to appellant’s other convictions, but certain sentencing *978improprieties require that the sentences be vacated and the cause remanded for resen-tencing.

Before appellant proceeded to…