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Finley v. State

Evidence of the defendant's gang involvement was relevant to show the affiliation between the four perpetrators and to explain the motive for committing the murder and conspiring to commit armed robbery.

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Henry Trey Finley was tried by a Douglas County jury and convicted of murder and conspiracy to commit armed robbery in connection with the fatal shooting of Javarus Dupree. Finley contends that the trial court erred when it admitted evidence that Finley was involved in a gang and when it admitted evidence of a custodial statement given by Finley. We see no error and affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that, on the afternoon of May 11, 2010, James Jordan shot and killed Javarus Dupree while Dupree’s car was parked outside the poolhouse of the Arbor Station neighborhood in Douglasville. Jordan’s accomplice, Brandon Taylor, accidentally dropped a cell phone on the front passenger side of Dupree’s car, and police officers later discovered evidence of numerous phone calls in the hours before the murder among the victim and four men: Finley, Jordan, Taylor, and Christopher Doo Wop Cushenberry.

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