been submitted to the jury by a proper manslaughter in the first degree instruction”)). More recently, in Taylor, a jury convicted the defendant of one count of first-degree murder and three counts of shooting with intent to kill, and sentenced him to death. During a visit with a business contact who owed him $800, Mr. Taylor became startled and shot two people in the head, shot a third person twice, and killed a fourth person, by shooting him twice in the back. The trial court gave a depraved mind lesser-included offense instruction, but the instruction was incorrect. After Mr. Taylor was convicted of first-degree murder, the OCCA found any error in the instruction harmless, because “[Mr. Taylor] testified that as he ran through the living room, he saw movement out of the c p.2004) (<HOLDING>); Young v. State, 12 P.3d 20, 38-40
holding that when the defendant believed his sister and girlfriend were cheating him out of money shot his sister in the head and then drove to his girlfriends house shot her in the head and proceeded to shoot her two children aged 13 and 22 in the head erroneous seconddegree depraved mind murder instructions given on the shooting of the two children required reversal because the defendant had presented substantial evidence of his own diminished capacity at the time of the murders holding that instructions on depraved mind murder were correctly refused when the defendant shot the victim a second time in the chest at close range holding that when defendant drove to a transmission shop where the victim worked pushed the victim to the ground and shot him twice at close range the evidence did not support a lesserincluded offense instruction on seconddegree depraved mind murder holding that instructions on depraved mind murder were correctly refused when the defendant entered a restaurant with intent to rob its occupants with a firearm stood directly in front of the victim raised the firearm demanded money and fatally shot the victim in the back of the chest when the victim tried to defend himself holding the harmed victim need not be the victim of the offense of conviction