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Blake v. State

The defendant was not eligible for life imprisonment without the possibility of parole, since he committed his crimes in December 2008, prior to the effective date of the amendment to the murder sentencing statute, which added life without parole as an available sentence in all murder cases.

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Appellant Derrick Ashley Blake was convicted of felony murder and related charges in connection with the December 2008 shooting death of Marion Turner. Blake appeals the denial of his motion for new trial, asserting error in the trial court’s instructions to the jury and in his sentence. Although we find no error in Blake’s convictions, which we affirm, we do find error in his sentence, which we now vacate.1

1. Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. On December 23, 2008, Blake went to a bar called The Spot and approached Turner about purchasing some marijuana. When Blake received his purchase, he believed Turner had “shorted” him, informed Turner of this, and left the bar to retrieve his scale. Blake returned to the bar with his scale, Turner added some marijuana to the bag, and Blake again left. Blake soon reentered the bar and threw the bag of marijuana on a pool table near where Turner and three of his friends were standing, claiming that the quantity was still insufficient and asking for his money back. Turner refused, saying words to the effect that if Blake wanted his money back, he should “get his pistol.” Blake pulled out a gun, removed the safety and cocked it, and fired two shots, striking Turner in the back and the arm. Turner fell to the ground. Blake stepped over him and exited the bar. The shot to Turner’s back was fatal.

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