Fоllowing a jury trial, Alfred Morris was convicted of felony murder and various other offenses in connection with the armed robbery and shooting death of Randy Sample during a failed drug deal. 1 Morris was also convicted of the aggravated assault of Torry Little, a man who was also involved in the drug deal. Morris contends *2 on appeal that the State improperly failed tо disclose exculpatory evidence to the defense, and that his trial counsel was ineffective. We affirm.
1. Viewed in the light most favorable to the verdict, the record shows that Morris set up a purported drug deal in which Little and Sample were supposed to purchase $12,000 of high-grade marijuana from him. On March 25, 2006, Morris invited Sample and Little to an apartment in DеKalb County, and they all sat down in the kitchen of the apartment. Morris offered Sample and Little an opportunity to smoke some of the marijuana so that they could sample thе quality of the drug that they were going to buy. Morris repeatedly requested that the money for the drugs be counted. Morris started to count the money with Sample, then Morris opened the doоr to the outside and three men with guns, among them co-defendants Michael Stevens and Shaheed Huff, entered the kitchen. Sample tried to run away when he saw the men with the guns, but Stevens shot him in the back. The bullet entered Sample’s abdomen, which resulted in internal bleeding, but much of Sample’s blood was contained within his body due to the nature of his wound. The armed men then stole the drug monеy and instructed Little to remove Sample from the apartment. Little and one of the armed men dragged Sample down the apartment steps and to Little’s truck as Morris watched them from the apartment. Little attempted to drive Sample to a hospital, but could not find one. Little called 911 from a pay phone, and a police officer and an ambulance were sent to his location. A responding officer noticed that there was very little blood in Little’s truck, considering the fact that Sample had recently been shot. Samрle was rushed to the hospital, where he later died.
The evidence was sufficient to enable a rational trier of fact to find Morris guilty of all the crimes for which he was convictеd.
Jackson v. Virginia,
2. Morris contends that he was denied due process due to the State’s failure to disclose certain exculpatory evidence to him. See
Brady v. Maryland,
(1) that the State possеssed evidence favorable to the defense; (2) that [Morris] did not possess the evidence nor *3 could he obtain it himself with any reasonable diligence; (3) that the prosecution suppressed the favorable evidence; and (4) that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the рroceedings would have been different.
(Citation omitted.)
Zant v. Moon,
Here, however, “[w]e need not decide whether [Morris] carried his burden to prove all the elements of a
Brady
violation, as we conсlude that [Morris] has failed to carry his burden to prove the prejudice prong of his claim.” (Footnote omitted.)
Ferguson v. State,
3. Morris argues that his trial counsel was ineffective for failing to (a) present chemical testing evidence to show conclusively that there was no blood in the kitchen where Sample had allegedly been shot; (b) exercise reasonable diligence to obtain the State’s undisclosed chemical test results with respect to the apartment stairs; and (c) object to hearsay that buttrеssed the credibility of Little, the State’s key witness. In order to succeed on a claim of ineffective assistance, Morris must prove both that his trial counsel’s perfor-
*4
manee was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance.
Strickland v. Washington,
With respect to presenting chemical testing evidence and pursuing the State’s undisclosed сhemical test results, as shown in Division 1, supra, counsel’s failure to present or pursue such evidence did not affect the outcome at trial. Morris’ allegations of ineffective аssistance in connection with these issues are therefore without merit. See
Fuller,
supra,
Judgment affirmed.
Notes
On November 6, 2006, Morris was indicted for malice murder, three counts of felony murder (with aggravated assault, armed robbery, and conspiracy to violate the Georgia Controlled Substances Act as each of the three underlying offenses), aggravated аssault, armed robbery, and conspiracy to violate the Georgia Controlled Substances Act in connection with the failed drug deal and shooting death of Randy Sample. Morris was аlso indicted for the aggravated assault and armed robbery of Torry Little, another participant in the drug deal. Following a November 6-13, 2006, jury trial, Morris was found guilty on all counts except for (1) malice murder and (2) the armed robbery of Little. On November 20, 2006, Morris was sentenced to life for felony murder (armed robbery), twenty years for the aggravated assault of Sample (to run concurrent with the felony murder sentence), twenty years for the aggravated assault of Little (to run consecutive to the sentences for the felony murder and aggravated assault of Sаmple), and ten years for conspiracy to violate the Georgia Controlled Substances Act (to run concurrent with the felony murder sentence and both aggravated assault sentences). The trial court merged the armed robbery charge with the felony murder charge for sentencing purposes. Morris filed a motion for new trial on December 19, 2006, which he amеnded on July 2, 2007. Morris also filed an “Extraordinary Motion for New Trial” on July 3, 2007. The trial court denied Morris’ motion for new trial on July 5,2007, and denied his extraordinary motion for new trial on August 9, 2007. Morris’ timely appeal was docketed in this Court on September 4, 2007, and orally argued on January 8, 2008.