STATE v. GILLEY (2020)

Writ application denied.

I concur in the writ denial. Defendant is entitled to a new trial under Ramos. Any issue as to the sufficiency of the evidence is premature, as a valid verdict has not yet been reached.

I do note however, that the much larger victim went to the defendant's residence, fought with her, retreated, and then intentionally reengaged the defendant when she could have simply driven off. Defendant also argues the testimony of the forensic pathologist supports her claim of self defense. That will all be an issue for the new trial.

Hughes, J., concurs and assigns reasons. Weimer, J., recused.