Anderson v. State, 299 Ga. 193

On March 14, 2007 Jack Camp, a security guard at Regency Club Apartments, was shot and killed; a 911 call captured someone saying, “oh hell, he’s calling the police.”
Darrell Anderson was tried jointly with co-defendants for murder and related offenses; jury convicted Anderson of felony murder (predicated on intent to distribute cocaine) and unlawful possession of a firearm during the commission of a felony; sentence: life plus five years.
The only eyewitness tying Anderson to the shooting at trial was Luke Sears, who initially lied but later gave a statement implicating Anderson and others; Sears admitted “dumping” meant shooting.
Sears’s testimony was corroborated by two jailhouse informants who reported admissions or statements by Anderson and conversations in which Wilson allegedly admitted he shot Camp after a drug sale went wrong.
Anderson moved for a new trial and appealed, arguing (1) insufficient evidence because Sears was the only witness tying him to the crime and (2) trial court erred by failing to instruct the jury that unlawful possession required the firearm be “within arm’s reach.”

Issue	Anderson’s Argument	State’s Argument	Held
Sufficiency of the evidence given accomplice testimony	Sears was an accomplice and the only witness implicating Anderson; his uncorroborated testimony is insufficient	Sears’s testimony was corroborated by jailhouse informants and other circumstantial evidence connecting Anderson to the crime	Conviction upheld — Sears’s testimony was sufficiently corroborated under former OCGA § 24-4-8 and evidence sufficed under Jackson v. Virginia standard
Jury instruction on “within arm’s reach” element for unlawful possession of a firearm	Trial court erred by not specifically reminding jury that firearm must be within arm’s reach; instruction omission warrants reversal	Any omission was not plain error — element was in indictment, read to jury, included in instructions on possession, uncontested fact that shooter had gun within reach	No plain error — omission did not likely affect outcome; claim fails

McKibbins v. State, 293 Ga. 843 (accomplice corroboration need not be direct but must connect defendant to crime)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence is whether any rational trier of fact could find guilt beyond a reasonable doubt)
Powell v. State, 291 Ga. 743 (a non-shooter may be convicted as a party to the crime)
Howard v. State, 288 Ga. 741 (no plain error where instruction omission concerned an element that was undisputed)
Malcolm v. State, 263 Ga. 369 (procedural note on vacated convictions by operation of law)
Bradshaw v. State, 296 Ga. 650 (new accomplice provision construed consistent with former law)
Mills v. State, 287 Ga. 828 (mootness of sufficiency claims as to vacated or merged convictions)
Lupoe v. State, 284 Ga. 576 (same as to merged convictions)