State v. Fanning

LOWENSTEIN, Judge.

Fanning appeals the convictions and concurrent life sentences imposed as a persistent offender for murder in the second degree and armed criminal action. Fanning raises four issues on appeal, one of wMch is a constitutional challenge to the court’s submission of an mstruction patterned after MAI-CR3d 310.50, wMch told the jury, “You are mstructed that an mtoxicated condition from alcohol will not relieve a person of responsibility for Ms conduct.” State v. Erwin, 848 S.W.2d 476 (Mo. banc 1993), cert. denied, — U.S. —, 114 S.Ct. 88, 126 L.Ed.2d 56 (1993), held this…