Brannon v. State

Although the evidence was sufficient to support the defendant's convictions for malice murder, felony murder, armed robbery and aggravated assault with a firearm, the trial court erred in merging certain counts for sentencing.

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Appellant Stewart Brannon was found guilty of malice murder, felony murder, armed robbery and aggravated assault with a firearm in connection with the shooting death of Mario Smith.1 He appeals from the denial of his motion for new trial, asserting that the trial court erred in refusing to hold that OCGA § 17-16-4, Georgia’s reciprocal discovery statute, required the State to turn over law enforcement officers’ notes; erred in failing to find that the State withheld exculpatory material from the defense in violation of Brady v. Maryland, 373 U.S. 83 83 SCt 1194, 10 LE2d 215 1963 and Giglio v. United States, 405 U.S. 150 92 SCt 763, 31 LE2d 104 1972; erred in admitting other acts evidence pursuant to OCGA § 24-4-404 b; erred in allowing a police detective to identify the victim in video evidence; erred in improperly rehabilitating a witness for the State; and erred in failing to find he received ineffective assistance of counsel at trial. Finding no error, we affirm appellant’s conviction of malice murder. In view of a sentencing error, however, we vacate a portion of the sentencing order and remand this case to the trial court for resentencing.

1. Viewed in the light most favorable to the jury’s verdict, the evidence at trial showed the victim owned a 1987 red Chevrolet Monte Carlo which he advertised for sale in Autotrader magazine in August of 2008. Appellant’s co-defendant Joshua Rounsoville saw the advertisement and made arrangements to see the car which the victim kept at a rented storage unit in Warner Robbins, Georgia. On August 23, 2008, appellant, driving his mother’s black Ford F-150, took Rounsoville to meet with the victim and see the car. Appellant knew Rounsoville was carrying a gun. The next day, the victim was found dead in his storage unit with a single gunshot wound to the head and a 9-mm shell casing lying nearby.

Brannon v. State

Although the evidence was sufficient to support the defendant's convictions for malice murder, felony murder, armed robbery and aggravated assault with a firearm, the trial court erred in merging certain counts for sentencing.

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