Mr. Daugherty was convicted of the second-degree murder of Norris Gaynor, who was fatally beaten in 2006. Mr. Daugherty was also convicted of the attempted second-degree murders of two other men. He was sentenced to life in prison for the murder and 30 years in prison for the attempted murders. On appeal, the Fourth District Court of Appeal sent the case back to the trial court to reconsider the life sentence. The trial court reduced the life sentence to 40 years in prison. In this appeal, Mr. Daugherty challenges the wording of instructions to the jury.