State v. Daniel Lastarza

Justice Goldberg, for the Court.

The defendant, Daniel Lastarza (defendant), is before the Supreme Court on appeal from a judgment of conviction following a jury finding of guilty of second-degree murder, in violation of G.L. 1956 § 11-23-1. The trial justice sentenced defendant to fifty years at the Adult Correctional Institutions, with forty years to serve and ten years suspended, with probation for the entirety of his sentence. On appeal, the defendant advances two arguments. First, he contends that the trial justice erred when she failed to instruct the jury on the lesser-included offense…