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Young v. State

The trial court did not abuse its discretion in admitting into evidence a handgun investigators found near the defendant at the time of his arrest, since the gun was evidence of the circumstances surrounding the defendant's arrest, it was the same type of gun used in the crimes, although it was indisputably not the gun used in the crimes, and the arrest was not too remote in time from the charged crimes.

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Marico Young was tried by a DeKalb County jury and convicted of the murder of Gregory Porter, among other crimes. Young appeals, contending that the evidence is insufficient to sustain his convictions and that the trial court erred when it admitted evidence of a certain firearm found in his vicinity at the time of his arrest. We see no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Young and Terrell Andrews exchanged words at a store near the Wynhollow Apartments on the evening of October 9, 2009. In the course of this exchange, Young told Andrews, I’m going to catch you in the apartments. Approximately 30 to 45 minutes later, Young returned to Wynhollow Apartments, where he was staying with his mother and her boyfriend, Kyle Kee. At that time, Andrews was with a group of young men who were sitting or standing at a retaining wall on the apartment complex property, with their backs to the complex pool. Young’s girlfriend dropped him off outside the complex leasing office, and he came down a path behind the leasing office, adjacent to the pool. Witnesses reported that he jogged down the hill behind or near the pool, holding his hand at his waist as if he were holding something in place. When he reached the staircase leading down from the pool, located to the left of the retaining wall, he stepped around or through a bush beside the staircase and fired a weapon numerous times at the group.

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