State v. Gipson
Annotate this CaseDefendant was indicted for first degree murder, illegal discharge of a firearm, and aggravated assault. At trial, the judge sua sponte instructed the jury on second degree murder over Defendant's objection and on manslaughter over the objections of Defendant and the State. The jury acquitted Defendant of first degree murder and was unable to reach a verdict on second degree murder but found Defendant guilty of manslaughter. The jury was unable to reach a verdict on aggravated assault but found Defendant guilty on the firearms charge. Defendant appealed, arguing that the trial judge erred by giving the manslaughter instruction over the objections of both parties. The court of appeals affirmed. The Supreme Court affirmed, holding (1) if a lesser included offense instruction is given and supported by the evidence, a resultant conviction for the lesser included offense does not violate the defendant's constitutional rights or contravene any Arizona statute or rule; and (2) because the manslaughter instruction in this case was supported by the evidence, Defendant's conviction must stand.
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