State v. Raymond Daniels(073504)

In this appeal, we consider whether the trial court erred in instructing the jury about the affirmative defense of renunciation. Defendant Raymond Daniels was charged with conspiracy and as an accomplice to certain robberies. Defendant did not request a renunciation charge and did not want one. There is no dispute that the facts necessary to satisfy the statutory elements of that affirmative defense were not present. The robberies were not thwarted. They were committed, but by a co-defendant.

Based on the State’s evidence, the co-defendant’s initial statement to police implicated defendant as…