Collymore v. State

Melton, Justice.

Following a jury trial, Fernando Collymore was found guilty of the felony murder of Rosita Gates as well as the theft by taking of Gates’s vehicle. Collymore now appeals, contending that the trial court: (1) gave the jury an improper charge on the concept of “accident”; (2) improperly sentenced him to a felony rather than a misde meanor for theft by taking; and (3) improperly allowed the jury to use a yardstick and a ruler during deliberations. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdicts, the record shows that, on September…