State v. Ayers

TYSON, Judge.

*221 Charles Ward Ayers ("Defendant") appeals from his convictions for discharging a firearm into an occupied and operating vehicle and misdemeanor injury to personal property.

*409 On appeal, he contends the trial court: (1) erred by omitting his requested no-duty-to-retreat instruction from a jury instruction on self-defense; (2) committed plain error by failing to instruct the jury on his right to use non-deadly force in self-defense; and, (3) erred by failing to intervene ex mero motu to strike statements made by the prosecutor during closing argument. We vacate Defendant's…