Jones v. State

The evidence was sufficient to support the defendant's convictions for murder and other crimes, but the trial court erred in merging the defendant's convictions on certain counts of the indictment for judgment and sentencing.

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Appellant Quinton Jones was found guilty of malice murder, felony murder, aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during commission of a felony in connection with the shooting death of Lamaurice Westbrook.1 Appellant appeals, challenging the sufficiency of the evidence and asserting that the State failed to prove venue, the trial court erred in admitting similar transaction evidence, and his trial counsel was ineffective. Finding no error, we affirm appellant’s conviction for malice murder and possession of a firearm during the commission of a felony. Due to 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 that on June 13, 2011, the victim and his girlfriend picked up Tony Goolsby and some marijuana and went to a Shell gas station on Lakewood Avenue in Atlanta, Georgia, to meet with a buyer as part of a pre-arranged drug deal. Both the victim’s girlfriend and Goolsby testified that the victim was not carrying a gun. While they waited for the buyer to appear, Goolsby, who had the marijuana stashed in his pants, got nervous and left, walking from the Shell station to a Marathon gas station five blocks away. Thereafter, an unidentified man driving a silver Pontiac pulled into the Shell station’s parking lot. Appellant, who was a passenger in the Pontiac, exited the vehicle and approached the victim. Following a discussion, the victim got in the front passenger seat of the Pontiac with appellant taking the back seat directly behind him. The group in the Pontiac then traveled to the Marathon gas station to pick up Goolsby, who got in the back seat behind the driver.

Jones v. State

The evidence was sufficient to support the defendant's convictions for murder and other crimes, but the trial court erred in merging the defendant's convictions on certain counts of the indictment for judgment and sentencing.

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