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Crayton v. State

The trial court properly declined to merge the defendant's aggravated assault conviction into his conviction for felony murder premised on possession of a firearm by a convicted felon for sentencing purposes.

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On April 4, 2011, appellant Antwuan Crayton shot and killed Curtis Lee Mack, III.1 We affirm his convictions.

The facts, viewed in a light most favorable to sustaining the verdicts, show that appellant was sitting in his green truck when Mack approached him about driving too fast down the street earlier in the day. Witnesses testified that just a few hours prior to the shooting, appellant said he was going to bury one of them and the witnesses took that to be a threat against Mack and/or one of his friends who had witnessed appellant’s reckless driving earlier in the day. Immediately prior to the shooting, Mack and appellant began to argue. Witnesses saw Mack beat his hands on appellant’s truck and heard him use profanities. Appellant, who was a convicted felon and prohibited from having a gun, reached for a gun inside his truck and shot Mack five times. The medical examiner testified that Mack was 1.5 to 3 feet away when he was shot. Mack later died from his injuries which included bullet wounds to the torso that traversed major organs including Mack’s heart, lung and liver. After the shooting, appellant fled the scene and threw the gun away in a body of water. About eight days later, appellant turned himself in to police and surrendered his truck which contained seven shell casings inside.

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