Gillis v. State

FERGUSON, Judge.

Two arguments are advanced by the defendant as grounds for granting him a new trial on a conviction for third-degree felony *963murder: (1) the trial court erred in admitting as substantive evidence a statement of a codefendant, which had been obtained by the police in a post-arrest custodial interrogation, inconsistent with the codefendant’s trial testimony; and (2) the trial court committed fundamental error in failing to instruct the jury on the elements of sale or delivery of marijuana, the offense alleged in the information as the felony underlying the charge of third-degree…