front of her home at 22 Warbler Street in the Lake Vista area. Shortly thereafter, in May 2005, the defendant was indicted for first degree murder of Myra Mehrtens,[1] but on February 9, 2008, the charge was amended to second degree murder.
After a three day trial, a jury found the defendant guilty as charged on February 21, 2008. He filed a motion for new trial on March 3, 2008, which was denied on March 6, 2008. He re-urged the motion on March 7, 2008, but the trial court declined his request for an evidentiary hearing on the motion and denied the motion that same day. The defendant was sentenced to life imprisonment without benefit of *1240 parole, probation, or suspension of sentence. The court denied Foreman's motion toevening, Ms. Jambronie received a call that her mother had been shot, went to her mother's house, and accompanied her mother to the hospital where she died in surgery.
Jonathan Bailey testified that at approximately 7:30 p.m. on March 6, 2005, the defendant picked him up at work in the defendant's mother's car and the two men drove back to their neighborhood. The defendant concocted the plan to rob someone and they contacted a friend, Christopher Cavalier, to obtain a gun. Without telling Cavalier why they wanted a gun, the two men picked Cavalier up at his girlfriend's house, took him to his own house to get the gun, and then (after receiving the gun) back to his girlfriend's house. Then Bailey and the defendant drove around looking for