Harper v. StateHarper v. State
HINES, Presiding Justice.
Mark Anthony Harper appeals from his conviction and sentence for felony murder in connection with the death of Rajib Sarkar. For the reasons that follow, we affirm.1
In his sole enumeration of error, Harper contends that the evidence was insufficient to support his conviction.
When evaluating the sufficiency of evidence, the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). This Court does not reweigh evidence or resolve conflicts in testimony; instead, evidence is reviewed in a light most favorable to the verdict, with deference to the jury‘s assessment of the weight and credibility of the evidence. [Cits.]
Mickens v. State, 277 Ga. 627, 627-628 (593 SE2d 350) (2004).
The evidence presented at trial showed that Sarkar managed a convenience store and gas station. His wife, Stephanie, also worked at the store, usually in the mornings. Harper worked at a car wash next to the store, and he and Stephanie developed a romantic relationship. Each night, at midnight or later, Sarkar would leave the store with a bag containing the proceeds of the day, and drive to his apartment, where he and Stephanie would count the proceeds; at about noon the next day, Sarkar would deposit the proceeds in a bank on his way to the store. The proceeds were usually in the range of $2,000 to $4,000, and higher on weekends and the first of the month. Stephanie twice took Harper to the apartment she shared with Sarkar, and Harper asked questions of her about the amount of money Sarkar would have with him when he left the store and what time he would arrive home.
One of the State‘s witnesses at Harper‘s trial was James Clark, who worked at the car wash with Harper. He testified that Harper approached him with a plan to rob Sarkar. Like Harper, Clark had seen Sarkar leave the store with the money bag. Harper told Clark that it should be Clark who personally robbed Sarkar because Harper was too well known to the victim, and that the robbery
After being shot, Sarkar was able to use his cell phone to call Stephanie, who was still inside their apartment, and told her that he had been shot; she emerged from the apartment and called 911. Sarkar died shortly thereafter from the gunshot wounds he received. Harper returned to Georgia and was seen wearing notably better clothing than he had worn before Sarkar was killed.
Evidence produced against Harper by the State included records of his cell phone communications and the testimony of two men, Sylvester Parker and Terence Cone, who were incarcerated with Harper while he awaited trial. Parker testified that Harper told him he planned the robbery of a man who operated a store but that he could not do it himself because of his relationship with the wife of the victim, so Harper got “some young boy” to do the crime, and that it was intended only to be a robbery; Harper also said that the “young boy” was not to contact him after the robbery. Cone testified that Harper told him that: he had developed the idea of an armed robbery of a man who operated a store; he enlisted James Clark to help him; he showed Clark the victim‘s residence; Harper thought it would be an easy robbery; the victim usually brought more money to his home on Friday and Saturday nights; Harper knew these things because he had a relationship with the victim‘s wife; and the robbery was to have taken place at an earlier date than it did, but that could not happen because Harper was unable to get the victim‘s wife on the telephone.
Harper was indicted and tried as a party to the crimes of robbery, armed robbery, felony murder while in the commission of robbery, and felony murder while in the commission of armed robbery; he was found guilty of all charges and sentenced for the crime of felony murder while in the commission of armed robbery. See footnote 1, supra.
A party to a crime is one who intentionally aids or abets the commission of the crime, or intentionally advises, encourages, hires, counsels, or procures another to commit the crime.
OCGA § 16-2-20 (b) (3) ,(4) . “Whether a person is a party to a crime may be inferred from that person‘s presence, companionship, and conduct before, during, and after the crime.” (Citation and punctuation omitted.) [Cit.]
Conway v. State, 281 Ga. 685, 687 (1) (642 SE2d 673) (2007). And, substantial evidence was produced to support the conclusion that Harper was a party to the crime of felony murder while in the commission of armed robbery.
Harper characterizes the evidence against him as circumstantial and asserts that it fails to exclude every other reasonable hypothesis save that of his guilt. See
Judgment affirmed. All the Justices concur.
DECIDED NOVEMBER 23, 2015.
Sharon L. Hopkins, for appellant.
Daniel J. Porter, District Attorney, Christopher M. Quinn, Michael D. Morrison, Assistant District Attorneys; Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Clint C. Malcolm, Assistant Attorney General, for appellee.