State v. Maddix

SPINDEN, Judge.

A jury convicted Ricky Maddix of assault in the first degree and armed criminal action for shooting David Pittman. On appeal, Maddix charges the circuit court with four errors: (1) not instructing the jury on second degree assault; (2) not declaring a mistrial during closing argument; (3) sentencing him as a prior, persistent and class X offender; and (4) denying his Rule 29.15 motion for post-conviction relief. We affirm but remand with instructions.

On June 20, 1992, while David Pittman attended a gathering at the house of Stella Hayes, Maddix’s mother-in-law, Maddix walked up…