Blake v. State

Hunstein, Chief Justice.

Appellant Derrick Ashley Blake was convicted of felony murder and related charges in connection with the December 2008 shooting death of Marion Turner. Blake appeals the denial of his motion for new trial, asserting error in the trial court’s instructions to the jury and in his sentence. Although we find no error in Blake’s convictions, which we affirm, we do find error in his sentence, which we now vacate.1

1. Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. On December 23, 2008, Blake went to a bar called…