State v. McCree

HUNTER, Judge.

Tyrone Edward McCree (“defendant”) appeals his convictions and sentencing for two counts of habitual misdemeanor assault, assault with a deadly weapon, and possession of a firearm by a felon. For the reasons stated herein, we grant defendant a new trial with respect to his conviction for assault with a deadly weapon and remand for correction of a clerical error in the judgment form.

The State’s evidence tended to show that around noon on 25 August 2001 defendant, along with another man, approached Walter Brown (“Brown”) and Linda Young (“Young”) (now Linda Brown) while the two…