State v. Rayton

The opinion of the court was delivered by

Lockett, J.:

The defendant appeals his convictions of felony murder and criminal discharge of a firearm at an occupied dwelling, claiming the judge improperly (1) communicated ex parte with two jurors; (2) refused to grant a mistrial; and (3) failed to instruct on lessor included offenses. He also contends that his felony murder conviction merged with the crime of criminal discharge of a firearm and that imposition of consecutive sentences for felony murder and criminal discharge violates double jeopardy.

On March 7, 1997, Larry Bryant, a resident at the…