Perry v. State

Robert L. Brown, Justice.

Appellant Demontierre Rstice. judgment of conviction for first-degree murder and aggravated robbery and his sentence, as a habitual offender, of sixty years for each offense, to be served consecutively. The State cross-appeals on the issue of whether it was error to give a jury instruction on felony manslaughter as a lesser-included offense of capital-felony murder. We affirm on direct appeal and declare error on cross-appeal.

The facts of this case were developed at trial. London Holman, Perry’s uncle by marriage, worked at the Advance Auto Parts (“Advance”) on Asher…