Kenya Davis was convicted of felony murder and possession of a firearm by a convicted felon in the shooting death of Nicholas “Little Nick” Grant. He appeals from the denial of his motion for new trial. 1 We affirm.
1. The evidence adduced at trial showed that, on October 7,1999, appellant was driven to the victim’s apartment complex by Eddie Raymond. There, appellant chased the victim and then shot him four times. Two witnesses to the incident, Larcenia Ballenger (commonly referred to as “Peaches”) and Jack Connally, identified Raymond as the driver, and Raymond was apprehended in April 2000. At trial, Raymond testified that he witnessed appellant shoot Little Nick. In addition, appellant admitted to the murder in a taped phone call to Walter Hardy, an incarcerated friend. In addition, similar transaction evidence was admitted showing that, in September 2000, appellant shot
The evidence was sufficient to enable a rational trier of fact to fin d appellant guilty of felony murder and possession of a firearm by a convicted felon beyond a reasonable doubt.
Jackson v. Virginia,
2. We find no merit in appellant’s assertion that the trial court erred by refusing to continue the trial to allow him time to review certain witness statements relating to similar transaction evidence of the shooting of Peaches and Jack. “Whether to grant a motion for continuance is entirely within the sound discretion of the trial court and will not be disturbed absent a clear abuse of discretion.”
Greene v. State,
3. Nor was there an abuse by the trial court in allowing the similar transaction evidence of the Peaches and Jack murders to be presented to the jury.
Before evidence of prior crimes is admissible, the trial court must determine that the State has affirmatively shown that: (1) the State seeks to admit evidence of the independent offenses or acts for an appropriate purpose; (2) there is sufficient evidence that the accused committed the independent offenses or acts; and (3) there is sufficient connection or similarity between the independent offenses or acts and the crimes charged so that proof of the former tends to prove the latter. Williams v. State,261 Ga. 640 , 642 (2) (b) (409 SE2d 649 ) (1991). See also Uniform Superior Court Rule 31.3 (B).
Palmer v. State,
4. The court did not err in admitting letters written by appellant to another of appellant’s accomplices, Carlos Johnson, while they were under investigation in connection with each of the three murders. In the letter, appellant attempted to persuade his accomplice not to talk to the police and to join him in a story he fabricated about their involvement with Peaches and Jack. The letter highlighting appellant’s attempt to obstruct the investigation was relevant and admissible as an admission by conduct. See
Collins v. State,
5. At trial, the State presented the recording and a transcript of that recording of a three-way telephone conversation made between appellant, Walter Hardy, and Hardy’s girlfriend that was recorded immediately after Little Nick’s murder while Hardy was incarcerated in the DeKalb County jail.
6. The State introduced copies of letters purportedly authored by appellant and directed to Hardy written during appellant’s post-arrest incarceration. Appellant objected to the admission of these letters on the ground that the State had not provided a proper foundation for admitting them. An investigator with the prosecutor’s office testified that Hardy had identified one letter as a letter handed to Hardy by appellant. At trial, Hardy refuted the investigator’s testimony and refused to answer any questions about the exhibit
because, he claimed, the State had refused to fulfill the reciprocal agreement it had made in order to secure Hardy’s testimony about the letters. Because appellant’s correspondence to Hardy merely reiterated information contained in other properly admitted correspondence written to another individual, admission of the letter was harmless beyond a reasonable doubt even assuming, arguendo, that the letter at issue should not have been admitted after the recipient of the correspondence refused to testify. See
Myers v. State,
Judgment affirmed.
Notes
The murder occurred on October 7,1999. Davis was indicted in DeKalb County on charges of malice murder, two counts of felony murder, aggravated assault, and possession of a firearm by a convicted felon. He was found guilty on June 20, 2003 on all charges except the malice murder and sentenced that same day to life in prison plus a consecutive five-year term for the possession conviction. The remaining counts stood vacated by operation of law.
Malcolm v. State,