Lamar Perry was convicted of malice murder, felony murder, and possession of a firearm during the commission of a crime. He appeals, and we affirm. 1
1. After reviewing the evidence in a light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found the defendant guilty of the crime charged.
Jackson v. Virginia,
2. Perry asserts that the trial court erred in granting the state’s motion to excuse a prospective juror for cause. We disagree. Chal
3. Perry argues that the trial court erred in excluding evidence of a prior inconsistent statement of a defense witness. Our examination of the record of the trial court’s hearing on the proffer of this evidence reveals no inconsistency between the statement made by the witness to Perry’s investigator and the witness’s testimony at trial. The exclusion of this evidence was not error.
Judgment affirmed.
Notes
The crime occurred on December 11, 1992. Perry was convicted of malice murder, felony murder, and possession of a firearm during the commission of a crime. He was sentenced to life imprisonment for malice murder and five years probation for possession of a firearm during the commission of a crime, sentences to be served consecutively. Motion for new trial was filed on June 23, 1993, and denied on January 19, 1994. Perry filed his notice of appeal in this Court on February 17, 1994, and the appeal was docketed on March 14, 1994. The case was submitted for decision on briefs on May 17, 1994.
We note that appellant has not asserted that the prospective juror was excused for constitutionally impermissible reasons, e.g., on the basis of race or gender. The exclusion of jurors on the basis of an impermissible factor such as race or gender will not be countenanced under
Batson v. Kentucky,
