Lewis v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of murder, felony murder, criminal deviate conduct, and resisting law enforcement. The trial judge sentenced Defendant to life imprisonment without the possibility of parole and an additional term of three years for resisting law enforcement. The Supreme Court affirmed the convictions but reversed the sentencing determination, holding (1) the evidence was sufficient to support the conviction for criminal deviate conduct; (2) the trial court’s failure to give a reasonable theory of innocence instruction was not fundamental error; (3) the trial court erred in admitting testimony regarding Defendant’s prior conduct while consuming alcohol, but the error was harmless; and (4) the sentencing order did not contain a personal conclusion by the judge that life without parole was an appropriate punishment, in violation of Harrison v. State and Pittman v. State. Remanded for a revised sentencing order.
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