Robert William Lewis was convicted of voluntary manslaughter, aggravated assault, two related counts of possession of a firearm in the commission of a crime, and unlawful possession of a sawed-off shotgun. The trial court subsequently denied his motion for new trial. On appeal, Lewis contends that the trial court erred by denying his motion for a directed verdict of acquittal because there was insufficient evidence to convict him; refusing to charge the jury on the law of justification and the related principle of “no duty to retreat”; refusing to allow testimony by third parties as to prior violent acts by the victim; and allowing the state to waive its closing argument until after he presented his closing argument. We affirm appellant’s conviction for the unlawful possession of a sawed-off shotgun. However, because the trial court erred in declining to charge the jury on justification and “no duty to retreat,” we reverse appellant’s convictions for voluntary manslaughter, aggravated assault, and two counts of possession of a firearm in the commission of a crime, and we remand for a new trial on those counts. The evidence reflects that appellant met the victim in 2003. Their friendship grew into a romantic relationship a few months later, and the victim moved in with appellant. But, according to appellant, their relationship began to falter as the result of the victim’s “spells” —episodes where she would “go from just calm and sweet to just uncontrollable” and would become violent. Appellant testified that the victim suffered from bipolar disorder and did not take her medication correctly. Appellant further testified that the victim told him that she had shot and killed her first husband, resulting in her serving eight years in a Florida prison.
The romantic relationship between appellant and the victim ended in May 2004 after the victim had one of her spells and appellant informed her that he “could not deal with this” and that she would need to move out of his home. Nevertheless, appellant and the victim remained close friends, with appellant driving the victim to doctor appointments, frequently speaking with her on the phone, and offering her a place to stay temporarily while she dealt with an issue involving her son.
