Lewis v. State, 291 Ga. 273

Lewis robbed multiple victims during a four‑day 2001 crime spree, beginning with a Jeep Cherokee theft in DeKalb County on October 5, with a chrome .357 revolver.
On October 7, 2001, he accosted Reid and Dinkins, fired, and Dinkins was killed; a subsequent shooting at Webb’s scene followed.
Police found Chandler’s Jeep Cherokee abandoned; Lewis’s fingerprints were inside, and a chrome .357 revolver and a .22 pistol were recovered at his home.
Ballistics linked the .357 revolver to bullets recovered from Dinkins, Webb, and the Denson/Roman shooting scene.
Over October 7–10, 2001, Lewis and an accomplice robbed and shot several victims, including Antwon and Herbert Cox; multiple firearm offenses were charged.
Lewis was convicted on multiple counts and sentenced to two life terms plus additional prison terms; some counts merged or were vacated by law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Juror disqualification and waiver	Lewis contends juror was disqualified for cousin relationship.	State argues waiver since Lewis did not move to strike.	Waiver established; not grounds for new trial.
Admission of the .22 revolver evidence	The .22 pistol lacks relevance to the crimes; prejudicial.	The .22 pistol admissible as possible instrument of an accessory.	Admissible; relevant to accessory theory; no reversible error.
Hearsay and res gestae evidence	Phillips, Davis, and Heard statements were improperly admitted as hearsay.	Statements fit res gestae or conspiratorial context and were harmless in aggregate.	Harmless or properly admitted under res gestae/conspiracy doctrines; no reversal.
Eyewitness identification instruction	Trial should include hearsay-related identification instruction.	No error; adequate evidence and defense arguments supported verdicts.	Harmless error; Brodes guidance applied; no reversal.
Sentencing for firearm possession counts (Counts 16 and 23)	Consecutive sentencing structure improperly merged with underlying felonies.	Statutory scheme requires consecutive sentences to underlying felonies; lenity not applicable.	Count 23 sentence vacated and remanded for resentencing; proper application of Busch; other sentences unaffected.

Williams v. State, 206 Ga. 107 (1949) (juror disqualification waiver when not timely challenged)
Reid v. State, 204 Ga. App. 358 (1992) (waiver of juror disqualification effect)
Henderson v. State, 272 Ga. 621 (2000) (firearm possession does not impute bad character)
Tyler v. State, 251 Ga. 381 (1983) (relevance of accessory evidence)
Inman v. State, 281 Ga. 67 (2006) (res gestae admissibility timing)
Edmond v. State, 283 Ga. 507 (2008) (harmlessness where evidence is cumulative)
Heard v. State, 287 Ga. 554 (2010) (co-conspirator statements admissible under conspiracy rules)
Johnson v. State, 289 Ga. 22 (2011) (harmless error in identification testimony)
McKenzie v. State, 284 Ga. 342 (2008) (Brodes identification warning application in pre-Brodes trials)
Brodes v. State, 279 Ga. 435 (2005) (identification testimony error deemed harmless in many cases)
Busch v. State, 271 Ga. 591 (1999) (sentencing consecutive to underlying felony)
Wilson v. State, 286 Ga. 141 (2009) (ineffective appellate counsel framework)
Rogers v. State, 290 Ga. 401 (2012) (procedural bar on ineffective assistance claims)