Floyd v. State

REVISED OPINION

VAN NORTWICK, J.

Robert Franklin Floyd challenges his convictions for second degree murder and *453shooting into an occupied vehicle. Floyd raises six issues on appeal, but we need only address one. Because the trial court’s conflicting instructions to the jury amounted to fundamental error, we reverse and remand for a new trial.

On February 27, 2010, Floyd was hosting a party at his residence. During that party, a dispute arose among some of those in attendance. According to the State’s evidence, Floyd then shoved one of the individuals, who in turn displayed a pistol and who then…