Jasper v. State

LaROSE, Judge.

Max Jasper appeals his conviction for second-degree murder. The jury found that Mr. Jasper possessed and discharged a firearm in committing the offense.1 He argues that fundamental error occurred in giving the jury instruction on the lesser offense of manslaughter by act and claims that the error prompted the jury to find him guilty of second-degree murder. We disagree and affirm his convictions and sentences.

This case involves an early morning drive-by shooting at the Groovy Mule Bottle Club in Tampa. Mr. Jasper and a friend fought with someone in the Groovy Mule. They left the…