SUPREME COURT OF ARKANSAS
DEMONTIERRE BREON PERRY,
STATE OF ARKANSAS,
Opinion Delivered 10-4-07
APPEAL FROM THE CIRCUIT
COURT OF PULASKI COUNTY, NO.
CR 06-1390, HON. BARRY ALAN
AFFIRMED ON DIRECT APPEAL;
ERROR DECLARED ON CROSS-
ROBERT L. BROWN, Associate Justice
Appellant Demontierre Breon Perry appeals the judgment of conviction for first-degree
murder and aggravated robbery and his sentence, as a habitual offender, of sixty years for each
offense, to be served consecutively. The State cross-appeals on the issue of whether it was
error to give a jury instruction on felony manslaughter as a lesser-included offense of capital-
felony murder. We affirm on direct appeal and declare error on cross-appeal.
The facts of this case were developed at trial. London Holman, Perry’s uncle by
marriage, worked at the Advance Auto Parts (“Advance”) on Asher Avenue in Little Rock
beginning in July 2004 and ending in January 2005, when he was fired. During the time that
Holman was employed by the store, it was customary to have the manager or assistant
manager on duty leave work on Sunday night carrying a bank bag containing Friday’s,
Saturday’s, and Sunday’s deposits. Sometime after Holman’s termination, this custom was
changed and all nighttime deposits were eliminated.
On February 19, 2006, Holman left his home in Little Rock a little before 9:00 in the
evening. As he drove away, his wife told a friend that he was going to rob Advance. He
picked up Perry and Perry’s girlfriend, Myesha Cooper, and proceeded to Advance. They
dropped Cooper off on a nearby street to watch for employees leaving Advance. When she
called and said two men were leaving the building, Perry got out of the car carrying a gun.
Holman, who knew what the managerial team looked like, had told Perry to look for a white
man wearing a black and white shirt. Holman remained in the vehicle.
Charlie Miles, Jr. and John Shelton were employed by Advan